THE WINSTON BOX
TERMS OF SERVICE, USE, AND PURCHASE
Welcome to The Winston Box! The services on the website located at www.thewinstonbox.com(the “Site”) are owned and operated by The Winston Box , LLC (the “Company”). The Company and the Site will collectively be referred to herein as The Winston Box (“The Winston Box”). The Winston Box provides website features and other products and services to you when you visit, shop, or purchase items from the Site, use The Winston Box services, access the Site from your mobile devices, or use software provided by The Winston Box in connection with any of the foregoing (collectively “The Winston Box Services”).
By using The Winston Box Services, you understand that you are subject to the following conditions and you accept and agree to abide by these conditions. Please read them carefully.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE OR THE WINSTON BOX SERVICES. BY ACCESSING OR USING THE SITE, MOBILE APPLICATION OR OTHER THE WINSTON BOX PRODUCT OR SERVICE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE, OR OTHER DEVICE (collectively, “DEVICE”), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, USE, AND PURCHASE AND ANY OTHER APPLICABLE LAW, WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF THE WINSTON BOX. BEFORE PLACING AN ORDER, IF YOU HAVE ANY QUESTIONS RELATING TO THESE TERMS OF SERVICE, PLEASE EMAIL OUR CUSTOMER SERVICE TEAM AT email@example.com.
The Winston Box may change these Terms of Service at any time without notice. All changes and revisions will be posted on www.thewinstonbox.com website and will be effective immediately upon posting. Your continued use of The Winston Box Services or enrollment as a The Winston Box Member shall be considered acceptance to the revised Terms of Service.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITE OR ANY THE WINSTON BOX SERVICES AND
CANCEL BY LOGGING INTO YOUR ACCOUNT AND USE THE MEMBERSHIP CANCELLATION REQUEST FORM BY 11:59 PM PST ON THE DATE PRIOR TO THE RENEWAL DATE LISTED IN THE ACCOUNT.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you access the Site, use any The Winston Box Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
HOW MEMBERSHIP WORKS
The Winston Box provides a monthly membership program that grants you access to The Winston Box’s styling services, where experts will send you an individually curated package of up to four items of The Winston Box merchandise based according to your Online Style Profile. To subscribe to The Winston Box membership program, complete the Online Style Profile on the Site, enter your billing information, and you will be enrolled in The Winston Box membership program. The first month’s membership fee is charged right after you press the Submit Order button on the Secure Checkout page. The initial order cannot be cancelled nor is the first month’s membership fee refundable. However, the fee may be refunded once the member is in receipt of the box in accordance with our Return/Refund policy. After that, please note by enrolling into the membership program, you are agreeing to pay and authorize The Winston Box to automatically charge your credit card a monthly membership fee of $75.00, plus shipping and handling, every month until you pause or cancel. We will save your credit card information for use on all future purchases.
Upon enrollment in The Winston Box membership program, you will receive a personalized curated package of merchandise each month based upon your specific Online Style Profile. Because our products are kept up to the minute with new and ever evolving styles, and because we produce a limited monthly collection, we always have a limited supply. No item/size is guaranteed to be in stock, and we make no expressed representation of availability.
The Winston Box produces a limited signature collection each month. In order to ensure that returning members have priority access to the newest sizes, styles and colors, The Winston Box uses standardized renewal dates to assist with inventory control.
Renewal dates are determined in the following manner:
New members who subscribe on or before the 4th of any given month will be automatically renewed on the 1st of the following month and all subsequent months.
New members who subscribe on or before the 20th of any given month will be automatically renewed on the 5th of the following month and all subsequent months.
New members who subscribe on or after the 21st of any given month will be automatically renewed on the 12th of the following month and all subsequent months.
On a case-by-case basis, The Winston Box may approve a custom renewal date in order to accommodate a member’s financial needs.
If you wish to pause your monthly membership, you must contact us via email (firstname.lastname@example.org) before your next renewal date in order to not be charged for that month. You may pause your membership at any given time for up to three (3) months. After that, the monthly charge of $75.00, plus shipping and handling, to your credit card will resume.
If you wish to cancel your monthly membership, log in to your account and use the Membership Cancellation Request Form by 11:59 PM PST on the date prior to the renewal date listed in the account. Your card won’t be charged, but it may take up to 24 hours for the status to reflect in your account.
We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
If you realize your Winston Box purchase is an incorrect fit or size, we can exchange the item(s) in question for the appropriate size. Please note that accessories cannot be exchanged.
ACTIVE MEMBERS (US): Members in good standing, without a pending cancellation request, will receive a complimentary return shipping label to return the item(s) to The Winston Box. Once the item(s) has been inspected and approved by The Winston Box team, a replacement item(s) will be placed in the following month’s shipment.
ACTIVE MEMBERS (INTERNATIONAL): Members in good standing, without a pending cancellation request, can exchange an item(s). However, the shipping costs to return the item(s) to The Winston Box are the responsibility of the member. Once the item(s) has been inspected and approved by The Winston Box team, a replacement item(s) will be placed in the following month’s shipment.
INACTIVE MEMBERS (ALL): Members who have cancelled their subscription, or have a pending cancellation request, may still request a size exchange. Shipping costs to return the item(s) to The Winston Box are the responsibility of the inactive member. Once the item(s) has been inspected and approved by The Winston Box team, a replacement item(s) will be sent and the card on file will be charged the appropriate shipping fee.
Size exchange requests must be made within fifteen (15) days of receiving the item, with no exceptions made. Packages must be shipped within twenty-five (25) days of receiving the item, with no exceptions made. All items must be returned in unworn condition with the tags still attached, with no stains, tears, odors, or visible signs of use or wear. If the clothes are not acceptable, they will be sent back to the subscriber and the card on file will be charged the appropriate shipping fee.
If The Winston Box does not have the same item(s) in the desired size, The Winston Box will provide you with an item(s) that is of comparable price and style at The Winston Box’s discretion.
To make a return for exchange, please follow these steps:
- Contact our customer service team at email@example.com.
- Receive a pre-paid return shipping label via e-mail.
- Place the items back in the original, undamaged package.
- Attach the pre-paid return shipping label to your shipment and drop off at any UPS location.
The Winston Box offers returns for the entire box (accessories excluded). All items must be returned in unworn condition, with no stains, tears, odors, or visible signs of use or wear, with tags still on or they will not be accepted. If the clothes are not acceptable and sent back to the subscriber, the card that is on file will be charged the shipping fee
If an entire package is returned, you will receive a full refund of the amount paid for the box, less the original shipping cost and $25 + sales tax (if applicable). The $25 covers the restocking, and styling fees.
Shipping fees for return are complimentary only within the Continental United States. Return requests must be made within fifteen (15) days of receiving the item, with no exceptions made. Packages must be shipped within twenty-five (25) days of receiving the item, with no exceptions made.
To make a return, please follow these steps:
- Contact our customer service team at firstname.lastname@example.org.
- Place the items back in the original, undamaged package.
- Attach the pre-paid return shipping label to your shipment and drop it off at any USPS location.
Gift cards and gift subscriptions are not eligible for a refund.
- CALIFORNIA USERS please be aware that you will be charged sales tax on all orders.
- ALASKAN, HAWAIIAN and PUERTO RICAN USERS please be aware that a $20.00 surcharge will be applied to all of your orders.
- CANADIAN USERS please be aware that a $20.00 surcharge will be applied to all of your orders.
- UNITED KINGDOM USERS please be aware that a $30.00 surcharge will be applied to all of your orders.
You may purchase The Winston Box gift card through the Site at (“Gift Cards”). Gift Cards can be redeemed through our The Winston Box Services for a monthly club package during a given period of time as set forth on the Site. Gift Cards cannot be redeemed for cash or credit, except where required by law. The Winston Box is not responsible for lost or stolen Gift Cards. Risk of loss and title for Gift Cards passes to the purchaser upon electronic transmission to the recipient. For avoidance of doubt, recipient may not always be you. The Winston Box reserves the right to close accounts and request alternative forms of payment if a Gift Card is fraudulently obtained or used on the Services.
As a Client, by referring your friends to The Winston Box, you may participate in The Winston Box Referral Program (the “Program”). If you are accepted into the Program, you will receive a referral code toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must send a referral code that is unique to you to a friend; (ii) the referred friend must enter the code correctly during the sign-up process; and (iv) you must be a paying and active Client of The Winston Box Services.
Due to the manner in which referrals are processed, please take extra care to correctly enter your code during registration. We will not be able to apply your referral code to your account after you have signed up and registered. Purchases using The Winston Box Gift Cards are not Qualifying Referrals.
Referral codes or referral links obtained from a public forum, coupon site, or third-party affiliate site will be considered invalid and we will not be able to apply such referral credits to your purchase.
The amount of the Referral Credit will be the amount specified at the time the referred friend signs up with the referral code to The Winston Box. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. In any event, the maximum amount of Referral Credits that you can receive at any given time is $540.
Referral Credits can be accrued solely by you and you may not earn Referral Credits by (i) permitting another individual to use your Account; (ii) creating multiple or fake Accounts; (iii) posting your unique referral link on any public forum, coupon site, or other third party affiliate site or; (iv) any other restriction we impose participants in the Program upon notice.
By acquiring Referral Credits, you agree and acknowledge that The Winston Box is granting you a limited, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. Except as explicitly provided herein, Referral Credits are non-transferable. You are responsible for notifying The Winston Box of any discrepancy between the number of Referral Credits in your Account and the number you believe should be in there.
We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits at any time and for any reason upon notice to you, including when you (i) pause your account; (ii) cancel your account; or (iii) are banned from your account by The Winston Box. We may provide such notice in any way compliant with applicable law-including via email to the last email address you provided to us-by amending these Terms of Service. All Referral Credits are voided immediately upon termination of this Agreement.
REFERRAL CREDIT AND GIFT CARD LIMITATION OF LIABILITY
THE WINSTON BOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO REFERRAL CREDITS OR GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP CREDIT OR GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP CREDIT OR GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions regarding our referral credits or gift card policies please send all inquiries to email@example.com.
ACCOUNT CONFIDENTIALITY AND ACCESS
You represent that you are a human, as accounts registered by automated methods are not permitted. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Winston Box shall not be liable or responsible for any loss or damage arising from any unauthorized use, access, or any other breach of security of your Account, including but not limited to your member sign-in service. You agree to notify us immediately of any unauthorized use of your account and/or password, or other personal information, and agree that we shall not be liable for any loss or damage arising out of your failure to comply with this obligation.
The Winston Box reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You further agree not to access any other person’s or member’s account or account information without their express permission.
All content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Site and/or any The Winston Box Service, and the arrangement or integration of all such content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, code, and software property are owned by The Winston Box or content suppliers, and are subject to copyrights held by or licensed to The Winston Box and all rights thereto are specifically reserved and protected by all applicable laws of the United States of America and international copyright laws.
The Winston Box, and other marks indicated on our site are trademarks or registered trademarks of The Winston Box , LLC in the United States of America and other countries. The Winston Box graphics, logos, page headers, button icons, scripts, and service names are trademarks of and/or are the fully owned intellectual property of The Winston Box. The foregoing trademarks and intellectual property may not be used in connection with any product or service that is not The Winston Box’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Winston Box. All other trademarks and intellectual property not owned by The Winston Box or its affiliates that appear on TheWinstonBox.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Winston Box.
LICENSE AND SITE ACCESS
Except as otherwise provided herein, use of The Winston Box Services does not grant you a license to any materials, content, or features you may access on the Site or through The Winston Box Services. You may not modify, lease, loan, sell distribute, or create derivative works of such materials and content, features or materials, in whole or in part. You may not download (other than page caching) or save a copy of any of the materials and content or screens for any purpose without the express written consent of The Winston Box. Any resale or commercial use of the Site or its contents is strictly prohibited. Any collection and use of any product listings, descriptions, or prices, downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data-gathering and extraction tools is strictly prohibited.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Winston Box without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Winston Box’s name or trademarks without the express written consent of The Winston Box. Any unauthorized use terminates the permission or license granted by The Winston Box. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to TheWinstonBox.com’s home page, so long as the link does not portray The Winston Box or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Winston Box logos or other proprietary graphic or trademark as part of the link without express written permission.
INTERNATIONAL SITE ACCESS
This site, www.thewinstonbox.com, can be accessed from countries other than the United States and Canada. The Winston Box may offer products or references to products that are not available outside of the United States and Canada. Any such products or references to products do not imply that such products will be made available outside the United States and Canada. If you access and use www.thewinstonbox.com outside the United States and Canada you are responsible for complying with your local laws and regulations. CANADIAN CUSTOMER please be aware that there is a standard USD $20.00 surcharge for all orders emanating from Canada. UNITED KINGDOM CUSTOMERS please be aware that there is a standard USD $30.00 surcharge for all orders emanating from United Kingdom.
RISK OF LOSS
All items purchased from The Winston Box are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
The Winston Box has made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery.
All sizes and measurements are approximate and allow for a compensated margin of error, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
The Winston Box attempts to be as accurate as possible. However, The Winston Box does not warrant that product descriptions or other content of the www.thewinstonbox.com website are accurate, complete, reliable, current, or error-free. If a product offered by The Winston Box is not as described, please contact our customer service department at firstname.lastname@example.org.
Any and all The Winston Box Services may be used for lawful purposes only and are available for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to The Winston Box, and downloading product information for your personal review. You are responsible for your own communications, including transmission, posting, and uploading of information and are responsible for the consequences of such communications. The Winston Box specifically prohibits its users from any use of The Winston Box services for any of the following:
- Posting, transmitting, uploading, distributing or publishing any content that is libelous, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of The Winston Box.
- Creating multiple accounts for the same user;
- Creating fraudulent accounts;
- Engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation;
- Communicating, transmitting, or posting material that is infringing of a third party’s intellectual property, privacy, or publicity right;
- Attempting to interfere in any way with the Site’ network security, or attempting to use this Site’ services to gain unauthorized access to any other accounts or computer system.
You agree to comply with all other restrictions applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of the Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any The Winston Box Services or channels shall be deemed non-confidential and nonproprietary. By submitting or posting any User Content, you grant to The Winston Box and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. The Winston Box shall have no obligation to compensate you for submitting User Content, or respond to any User Content. The Winston Box retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason or no reason.
By connecting to The Winston Box with a third-party service (i.e. Facebook or Instagram), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You agree that by The Winston Box is not responsible for any content or information related to your account once it is shared and posted on Facebook, Instagram, Twitter, or any other third-party service.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing content, (iv) contain any addresses, email addresses phone numbers or any contact information, or (v) contain computer viruses or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold The Winston Box and its employees, agents, and affiliates harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WINSTON BOX SITE IS PROVIDED BY THE WINSTON BOX ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WINSTON BOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WINSTON BOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WINSTON BOX DOES NOT WARRANT THAT THEWINSTONBOX.COM WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM THE WINSTON BOX OR THEWINSTONBOX.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WINSTON BOX, ITS PARTNERS, AFFILIATES AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE www.thewinstonbox.com WEBSITE, OR THE RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROMLOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LINKS TO OTHER WEBSITES
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access the linked Website. The Winston Box has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. The Winston Box does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
TERMINATION OF ACCOUNT
You acknowledge and agree that The Winston Box, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where The Winston Box believes that you have violated any of these terms, and at any time without notice. You agree that The Winston Box (including its parents, subsidiaries, affiliates, directors, officers, agents, and representatives) shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website. Conversely, you are free to cancel your membership to The Winston Box at any time. In order to avoid incurring a charge of the membership fee for that month, you must cancel before your next renewal date. If you cancel your account after your renewal, you will be charged the membership fee for that month and your cancellation shall not take effect until the month following the month in which such cancellation occurs.
You acknowledge that you are using this site including its materials at your own risks. The Winston Box and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non-infringement of intellectual property. The Winston Box and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and The Winston Box makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
You shall indemnify, defend, and forever hold harmless The Winston Box, The Winston Box, and their partners, affiliates, parents, subsidiaries, and suppliers and each of their respective directors, officers, employees, consultants, and agents from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including reasonable attorney’s fees) which arise out of, may be incurred by reason of, or are in connection with your use of the Site or any related The Winston Box Service, including but not limited to information or content submitted, transmitted, or otherwise made available on or through the Site or any breach or attempted breach of these Terms of Service.
ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY; CLASS ACTION WAIVER
Notice and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The Winston Box should be sent to the following address: 11802 Oxford Ave., Hawthorne, CA 90250.
If the parties do not resolve the claim or dispute within sixty (60) days after the Notice is received, either party may begin an arbitration proceeding.
Arbitration. Any claims arising out of, relating to, or connected with these Terms of Service and use of The Winston Box Services that cannot be resolved informally must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same The Winston Box user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Non-Appearance Based Arbitration. A non-appearance based arbitration will be conducted by telephone, online, and/or based solely on written submissions. The specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses, unless otherwise agreed by the parties.
If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
Waiver of Trial by Jury. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Arbitration Agreement will continue in full force and effect.
Opt-Out. If you are a new The Winston Box user, you may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class actions waiver specified in these Terms of Service by submitting an Opt-Out Notice to The Winston Box directed to Arbitration Opt Out and addressed to 11802 Oxford Ave., Hawthorne, CA 90250. The opt-out notice must be received no later than thirty (30) days after the date you open an account and accept these terms for the first time. If you are not a new The Winston Box User, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice.
Survival. This Arbitration Agreement will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for such purpose and agree that the laws of the State of California will govern the litigated dispute.
REVISION OF TERMS
The Winston Box may revise these terms at any time by updating this posting. You should visit this page from time to time to review Then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms.
The Winston Box will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by The Winston Box. No delay or omission by The Winston Box in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.
Please note that currently all prices quoted on this site are listed in U.S. Dollars, and that all Member packages will be billed as such. Accordingly, a Member’s bank, credit card company, or other financial institution may charge a Member certain transaction fee(s) related to currency conversion and such transaction fee(s) may appear as one (1) singular charge along with your monthly membership fee. The Winston Box has no control over such fees, and thus, we shall not be responsible for, and hereby expressly disclaim responsibility for, any such transaction fees.
Import duties, customs charges, and related taxes and fees are not included in the price or shipping costs, and any such duties, charges, taxes, and/or fees are the Member’s responsibility. Check with your country’s customs office to determine what these additional charges may be in advance of your purchase.
Supplemental UK Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE COMPLETING A PURCHASE
- 1.1 In this Agreement the following definitions will apply (except where the context otherwise requires):
- “Business Day” means a day which is not a Saturday or Sunday, and which is not a public or bank holiday in the UK.
- “Consumer” means an individual who buys Products from us for his/her own personal use.
- “Contract” means an agreement made under these Terms and Conditions for the regular delivery of Products by The Winston Box in return for monthly payments of the Price by you.
- “Delivery”means a delivery of Products to you provided by The Winston Box under the terms of a Contract.
- “The Winston Box” “we”, “us”, “our”, “ours” means the company The Winston Box LLC, a company incorporated in the State of California under company number 201622110169.
- “Force Majeure Event” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- “Month” means a calendar month and ‘monthly’ shall be construed accordingly.
- “Price” means the sum to be paid in advance for a monthly Delivery, the value of which shall be published on the Website.
- “Product” means an item of clothing advertised on the Website or provided to the Customer in a Delivery.
- “VAT” means value added tax charged on goods in the United Kingdom.
- “Website” mmeans our website http://www.thewinstonbox.com.
- “you” and “yours” refer to you, the individual entering into this agreement with The Winston Box.
2. CONTACTING THE WINSTON BOX AND CANCELLATION OF CONTRACTS
- 2.1 To cancel a Contract in accordance with your legal right to do so, you need to let us know that you have decided to cancel. To cancel, log in to your account and use the Membership Cancellation Request form by 11:59 PM PST on the date prior to the renewal date listed in the account.
- 2.2 If you wish to contact us for any reason, including because you have any complaints, you can e-mail us at email@example.com.
- 2.3 If we have to contact you or give you notice in writing, we may do so by e-mail, via the Website, or by post to the address you provide to us via your account on the Website. By accepting these Terms and Conditions you agree that The Winston Box may contact you via any of the methods set out above and that all such methods shall be considered to be ‘written notice’ for the purposes of these Terms and Conditions and their subject matter.
3. OUR PRODUCTS
- 3.1 When you enter into a Contract to receive Products from us you are agreeing to receive regular instalments of Products which have been personalized based upon your specific Online Style Profile, as set up by you on the Website. In entering into a Contract you agree to receive regular, monthly Deliveries of Products selected for you by The Winston Box. You accept that The Winston Box makes no warranty that any specific item or combination of items will be provided in any particular Delivery or Deliveries.
- 3.2 Any images of Products on our Website are provided for illustrative purposes only. Although we have made every effort to display the colors and finish of all Products accurately, we cannot guarantee that your computer’s display of the colors or finish accurately reflects the color or finish of any Products you will receive. Products may vary slightly from images of them displayed on your computer.
- 3.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements, and descriptions of Product specifications are provided purely for your assistance.
- 3.4 The packaging of Products may vary from that shown on the Website.
4. USE OF THE WEBSITE AND USE OF PERSONAL INFORMATION
5. ENTERING INTO A CONTRACT
- 5.1 By entering into a Contract via the Website you agree to pay the Price monthly to The Winston Box in consideration of which you will receive a monthly Delivery. Your right to cancel your subscription is set out in clauses 2, 6 and 8.
- 5.2 The Price for Deliveries will be specified on the Website at the time that you enter into the Contract. Please see clause 10.2 for information on what will happen if the Price is changed during a Contract.
- 5.3 Our Website will guide you through the steps you need to take to place an order with us and to begin receiving regular Deliveries from us. Our order process allows you to customize your Online Style Profile and to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- 5.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or that a Contract has been formed. Our acceptance of your order will take place as described in this clause 5.
- 5.5 We will confirm our acceptance of your order by sending you an e-mail confirming that the first shipment of Products has been dispatched to you (the “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- 5.6 If we are unable to accept your order we will inform you of this by e-mail and we will not process your order. If you have already paid for Products before we send this e-mail, we will refund you the full amount including any delivery costs charged as soon as possible.
6. TERMS AND TERMINATION OF CONTRACTS
- 6.1 After you receive your first Delivery, The Winston Box will charge you the Price for subsequent scheduled Deliveries on a monthly basis. The Contract will run until it is terminated by either party as per the terms of this agreement.
- 6.2 In addition to your right to cancel a Contract, as detailed in clauses 2 and 8, you may elect to terminate a Contract by providing us with 30 days’ notice. Notice of your intention to terminate a Contract and to cease receiving Deliveries in this way must be provided in writing to the physical or e-mail address set out in clause 2.1, or communicated verbally via the telephone number set out in that same clause. The Winston Box reserves the right to decline to accept notifications of termination provided in any other manner or format.
- 6.3 By entering into a Contract via the Website you consent to The Winston Box retaining your credit or debit card details (or the details of any other method that you may use to pay for Products) in order to enable us to automatically charge you for monthly payments.
- 6.4 The Winston Box reserves the right to terminate any Contract at any time and for any reason. In the event that a Contract with You is cancelled in this way then you will be notified by e-mail and any payments which you have made in respect of Products which have not yet been dispatched by The Winston Box will be refunded.
7. OUR RIGHT TO VARY THESE TERMS
- 7.1 We reserve the right to amend these Terms and Conditions from time to time. New versions of the Terms and Conditions will be effective from the date on which they are posted on the Website.
- 7.2 Updated Terms and Conditions will apply to all Products and Deliveries which you order or receive from us after the date on which the updated Terms and Conditions appear on the Website.
- 7.3 Notwithstanding clauses 7.1 and 7.2, we may revise these Terms and Conditions as they apply to your order where we are required to do so by relevant laws and regulatory requirements.
- 7.4 If we have to significantly revise these Terms and Conditions as they apply to your order or if the Price changes, we will contact you to give you reasonable advance notice of the changes and let you know how to terminate the Contract if you are not happy with the changes. If you opt to terminate, you will cease to receive future Deliveries but will not, unless otherwise specified in this agreement or by a relevant statute, be entitled to a refund for any Products which you have already received from us.
- 8.1 We will deliver Products to the UK address of which you notify us when you subscribe to receive Deliveries, or to any updated UK address of which you may notify us via the Website.
- 8.2 All Products will be your responsibility from the time that they are delivered to you.
- 8.3 You shall own Products once we have received a payment from you which covers the Delivery in which those Products are provided to you, and once that Delivery has been physically received by you. You will cease to own the Products in the event of cancellation of a Contract.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
- 9.1 Subject to clause 10.2, the Price will be as quoted on our Website at the time you submit your order.
- 9.2 The Price for Deliveries of Products may change from time to time, any changes will apply to all Deliveries of Products for which you are charged after the date on which the change takes place. Please see clause 7.4 for information on how we will communicate with you to notify you if the Price changes.
- 9.3 Without prejudice to clause 11.3 all prices quoted on the Website include VAT (where applicable) at the applicable then current rate chargeable in the UK. If the rate of VAT changes during a Contract, we will adjust the VAT you pay, unless you have already paid for a Delivery in full before the change in the rate of VAT takes effect.
10. HOW TO PAY
- 10.1 You can only pay for Products using a debit card or credit card specified on the Website. The list of cards which we accept will be listed after you have confirmed your order and proceeded to provide your payment details.
- 10.2 We reserve the right to charge you for any credit card fees or charges which we may incur as a result of processing your order.
- 10.3 Payment for Deliveries of Products and all applicable delivery charges shall be in advance.
11. LIMITATION OF LIABILITY
- 11.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
- 11.2 We only supply Products to you for domestic and private use. You agree not to use the Products for any commercial or business purposes, or to resell or redistribute the Products. You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that may arise as a result of your use of the Products.
- 11.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) 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
- (e) defective products under the Consumer Protection Act 1987.
12. EVENTS OUTSIDE OUR CONTROL
- 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event.
- 12.2 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will attempt to arrange a new delivery date with you after the Force Majeure Event is over.
- 12.3 You may cancel a Contract affected by a Force Majeure Event which has continued for more than 30 days. To cancel please contact us using the details provided in clause 2.
13. COMMUNICATIONS BETWEEN US
- 13.1 The term “in writing” shall include communications sent by e-mail, but not other electronic written communications such as instant messenger applications, text message, ‘Twitter’, or any other similar mediums.
14. OTHER IMPORTANT TERMS
- 114.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
- 14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 14.3 Where the Terms and Conditions, or any part of them, are translated into any language other than English, then the terms of the original English version shall prevail over the terms of the translated version irrespective of the language of the version of the Terms and Conditions agreed by either party.
- 14.4 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.
- 14.5 Each of the paragraphs of these Terms and Conditions 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.
- 14.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, 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. 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.
- 14.7 These Terms and Conditions are governed by English law. This means a Contract for the purchase of Products through our Website 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.
PLEASE READ THESE TERMS OF WEBSITE USE CAREFULLY BEFORE USING THE WEBSITE
Terms of website use
These terms (the “Terms of Website Use”) set out the terms on which you may use the Website whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website.
Please read the Terms of Website Use carefully before you start to use the Website, as they will apply to your use of our Website. We recommend that you print a copy of the Terms of Website Use for future reference.
By using the Website, you confirm that you are at least 18 years old, accept the Terms of Website Use and that you agree to comply with them. You further confirm that your use of the Website shall be in compliance with all relevant laws and regulations applicable to you in the United Kingdom or elsewhere.
If you do not agree to the Terms of Website Use, you must not use the Website.
If you have any questions about the Terms of Website Use, please email our customer service team at firstname.lastname@example.org.
- 1.1 The definitions set out in clause 1 of the Terms and Conditions shall apply to the Terms of Website Use. In addition, the following definitions will apply (except where the context otherwise requires):
- “Business” means an individual or organisation that buys Products from us for commercial or other business related use.
- “Consumer” means an individual who buys Products from us for his/her own personal use.
- “Intellectual Property Rights” means patents, inventions, registered designs, copyright, database rights and design rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items in any country or jurisdiction.
- The “Website” means the website at https://www.thewinstonbox.com/terms.
2. INFORMATION ABOUT US
- The Website is operated by The Winston Box LLC, a company incorporated in the State of California under company number 201622110169.
3. CHANGES TO THESE TERMS
- 3.1 We reserve the right to amend the Terms of Website Use at any time by amending this page. New versions of the Terms of Website Use will be effective from the date on which they are posted on the Website.
- 3.2 You agree that you will check the Terms of Website Use each time that you use the Website to ensure that you are aware of the version in force during your visit.
4. CHANGES TO THE WEBSITE
- 4.1 We reserve the right update the Website from time to time, and to remove, add, or change its content and/or functionality at our sole discretion.
5. ACCESSING THE WEBSITE
- 5.1 The Website is made available for use free of charge.
- 5.2 By accessing the Website you warrant that you are at least 18 years old, accept the Terms of Website Use and that you agree to comply with them.
- 5.3 We make no guarantee that the Website, or any aspect of it, will always be available or that access to it will be uninterrupted.
- 5.4 We reserve the right to suspend, withdraw, discontinue or change any aspect of the Website without notice. We will not be liable to you for any reason if the Website is unavailable at any time or for any period.
6. YOUR ACCOUNT AND PASSWORD
- 6.1 If you register to purchase Products from the Website, or are provided with a user identification code, password or any other piece of information as part of our security procedures for any reason, you must treat that information as confidential and refrain from disclosing it to any third party.
- 6.2 By registering to purchase Products from the Website and setting a password for your account you accept that you take responsibility for all use of the Website which takes place through that account.
- 6.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Website Use or of the Terms and Conditions.
- 6.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
- 6.5 The Winston Box reserves the right to refuse service to, and to terminate, user accounts, or to block or suspend users from the Website, at its sole discretion.
7. INTELLECTUAL PROPERTY RIGHTS
- 7.1 We are the owner or the licensee of all of the Intellectual Property Rights in the Website, and in the material published on it. All relevant rights are reserved.
- 7.2 You may print off one copy, and may download extracts, of any page from our Website for your personal, non-commercial use.
- 7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 7.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged by you.
- 7.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licencors. Commercial use includes any downloading or copying of account or catalog information, or other material or information for the benefit of another merchant or competitor, or the use of any data mining tools (which may, amongst other terms, be referred to as ‘robots’, ‘spiders’ or ‘web crawlers’) or any other similar data-gathering or extraction tools.
- 7.6 If you print off, copy or download any part of our Website in breach of these Terms of Website Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. NO RELIANCE OF INFORMATION
- 8.1 The content on the Website is provided for your information only. It is not intended to amount to advice on which you should rely. You agree that you will obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
- 8.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
- 8.3 The Website may be accessible from jurisdictions other than the United Kingdom; however, nothing on the Website shall imply that any product or service offered therein is being offered for sale, or shall be in any way available, outside of the United Kingdom.
9. LIMITATION OF OUR LIABILITY
- 9.1 Nothing in these Terms of Website Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- 9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
- 9.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
If you are a Business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- 9.4 If you are a Consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 9.5 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 computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or on any website linked to it.
- 9.6 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products by us to you, which are set out in the Terms and Conditions which you agree to by purchasing Products from the Website.
- 10.1 We do not guarantee that the Website will be secure or free from viruses or other malicious, harmful third-party software.
- 10.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software and it is your responsibility to install and configure such software before accessing the Website.
- 10.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 or similar legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11. LINKING TO THE WEBSITE
- You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by us without our express permission. The Website must not be framed or reproduced on any other website, nor may you create a link to any part of the Website other than the home page at https://www.thewinstonbox.com. We reserve the right to withdraw linking permission for any reason without notice or explanation, and such right shall be deemed to be automatically withdrawn without notice if you breach the Terms of Website Use.
12. THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE
13. COMMUNICATIONS AND NOTICES
- 13.1 By accepting the Terms of Website Use you acknowledge that you consent to receive all communications or notices pertaining to the Terms of Website Use by e-mail or via the Website, and that for the purposes of this agreement all such communications from The Winston Box to you shall be considered to be written communications.
14. APPLICABLE LAW
- 14.1 If you are a Consumer, please note that these Terms of Website Use, its subject matter and its formation, are 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 resident of Scotland, you may also bring proceedings in Scotland.
- 14.2 If you are a Business, the Terms of Website Use its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.