- About us
1.1. Welcome to the MYSHUBOX.COM website. This website is owned by Think Footwear Ltd, a company registered in England and Wales with company number 08609323 whose registered office is at 20-22 Wenlock Road, London, N1 7GU. Our VAT number is 204 5777 11. We use the terms “we”, “our” and “us” throughout our terms and conditions and our customer service pages to refer to Think Footwear Ltd.
- Terms and conditions of our website
2.1. We sell our products to you subject to the terms and conditions listed here. Please read them carefully before using the website. By using our website, you signify your agreement to be bound by these terms and conditions. If you do not agree with these terms and conditions, you should not use our website.
3.1. This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply the Goods, Services and the Digital Content listed on this website (the ‘Website’) to you.
3.2. We remain the owners of the Digital Content at all times and do not sell the Digital Content to you.
3.3. Before confirming your order please:
3.3.1. Read through these Conditions and in particular our cancellations and returns policy, limitation of our liability and your indemnity.
3.3.2. Print a copy for future reference
3.4. By ordering any of the Goods, Services or Digital Downloads listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
3.5. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
4.1.You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
4.2.We will contact you by email or provide you with information by posting notices on our Website.
5. Access to website content / copyright
5.1 Unless otherwise noted, the design and content featured on our website are all intellectual property that is owned, controlled or licensed by us. The website is intended solely for your personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission. Any person is authorised to view, copy, print and distribute content on our website subject to the following conditions: the page is used only for information and non-commercial purposes; and that any copies of, or extracts from, the website must include this copyright notice.
5.2 You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any parts of this website without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.
5.3 You are granted a limited and non-exclusive right to create a hyperlink to the homepage of myshubox.com as long as the link does not portray us in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the hyperlink without our prior written permission.
5.4 Please be aware that each of the various trademarks, product names, company names and corporate identities represented on our website are our property and are not to be reproduced or used without our express permission.
- Eligibility to purchase from the Website
6.1. To be eligible to purchase the Goods, Services and use the Downloadable Content accessed on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7. Your Account Registration
7.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
7.2. By registering on the Website you undertake:
7.2.1 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account
7.2.2. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods, Services and Digital Downloads are true, accurate, current and complete in all respects
7.2.3. To notify us immediately of any changes to the information provided on registration or to your personal information
7.2.4. That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Goods, Services and Digital Downloads accessed from this Website in conjunction with and under their supervision
7.2.5. To only use the Website using your own username and password
7.2.6. To make every effort to keep your password safe
7.2.7. Not to disclose your password to anyone
7.2.8. To change your password immediately upon discovering that it has been compromised
7.2.9. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
7.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
8. Website errors
8.1. We endeavour to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We try to ensure that all pricing on the website is accurate, but occasionally an error may occur and goods may be incorrectly priced.
8.2. If we discover that a pricing error has been made, we reserve the right to suspend your order and contact you to ask whether you wish continue with the order at the correct price.
8.3. We will not be obliged to supply goods at the incorrect price.
8.4. We present our content ‘as is’ and make no claims to its accuracy, either expressed or implied.
8.5. We reserve the right to amend errors or to update product information at any time without prior notice.
9. Website access
9.1. We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
9.2. If we cancel an order, you will not be charged.
9.3. Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements.
9.4. Your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
9.5. As a visitor to, and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment employed in connection with your use of our site.
9.6. In effect, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website.
9.7. We shall not be liable for damages or losses of any kind that you may incur from your use of or inability to access this site.
10. Website changes
10.1. Our goal is to keep this website fresh and exciting. We create timely editorial to replace content that becomes out-dated or out-of-season and move and expand portions of the site.
10.2. We cannot guarantee that something you may have seen on a previous visit will still feature on our website when you visit again.
10.3. We reserve the right to make changes to the website without prior notice.
11. Product display
11.1. We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our site, may greatly affect the colours you actually see on the screen.
11.2. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment’s display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.
12. Product availability
12.1. Some of our featured items are exclusively available to us in limited quantities and because of their limited availability, stock may not be replenished.
13.1. The price of the Goods, Services or Digital downloads are quoted on the Website.
13.2. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods, Services and Digital downloads to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period whichever is later.
- Acceptance of your order
14.1 Any order placed by you constitutes an offer to purchase the Goods and Services from us.
14.2. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods, Services or Digital Downloads ordered by you from the Website.
14.3. Please note that completion of the online checkout process does not constitute our acceptance of your order.
14.4. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
14.5. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
14.6. If you supplied us with your email address when entering your payment details (or if you have a registered account with us), it is your responsibility to provide us with a valid email address so that we can contact you if necessary.
14.7. We will notify you by email as soon as possible to confirm that we have received your order. The Confirmation Notice will amount to an acceptance of your offer to purchase the Goods, Services or Digital Download Content from us.
14.8. The Contract will be formed when we send you the Confirmation Notice (whether or not you receive it).
14.9. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
14.10. All products that you order through the Website will remain our property until we have received payment in full from you for those products.
14.11. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
14.12. Digital Content
14.13. In the event that we make the Digital Content available to you prior to sending you a Confirmation Notice, our making the Digital Content available to you will be acceptance of your order in relation to the Digital Content.
14.14. You must comply with the terms and conditions that apply to the Digital Content from the time you access the Digital Content.
14.15. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods, Services and Digital content from us unless:
14.15.1. Any change to those policies or these Conditions is required to be made by law
14.15.2. We will notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice.
14.16. During the checkout process, you will be asked to complete your payment details.
14.18. If we cannot supply you with the digital product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
15.1. By placing an order, you consent to payment being charged to your chosen method of payment as provided on the order form.
15.2. Payment will be debited and cleared from your account before the dispatch of the Goods, provision of the Service, or making available of the Digital Download to you.
15.3. When you pay for your order by card, we carry out certain checks, which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
15.4. By accepting these Conditions you:
15.4.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods and Services and using the Digital Downloads are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods, Services and Digital Content ordered.
15.4.2. Undertake that any and all Goods, Services and Digital Content ordered by you are for your own private or domestic use only and not for resale or sub-licensing.
15.4.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
15.5. We shall contact you should any problems occur with the authorisation of your card.
15.6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
- Payment Problems
16.1 If, for any reason, there is a problem with collecting payment from your credit / debit card or other chosen payment method after we have confirmed receipt of your order, we will not be obliged to dispatch your order.
16.2. Additionally, on some occasions, we may be unable to process an order. This may be due to: the item being out of stock or no longer available, your payment being declined, our identification of a pricing error or product description error or an unspecified technical error.
16.3. If you are sure you are using a valid form of payment, please try again or use a different payment method.
- Security Checks
17.1 As part of our policy to protect against the fraudulent use of credit or debit cards, we conduct security checks on all orders received.
17.2. These checks can take various forms and may involve contacting you by telephone before we process your order.
- Promotional Discount or Free Delivery Codes
18.1 On occasion we may offer promotional discount or free delivery codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
18.2 Only one promotion code can be used per order unless specified otherwise.
18.3 We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed.
Different promotional codes will have different expiration dates, we reserve the right to cancel an offer at any time or extend an offer.
18.4 Different promotional codes will have different usage allowances; we reserve the right to limit usage to one per person.
18.5 We reserve the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the Offer (iii) decline to accept orders where, in its opinion, an Offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
18.6 If you are having any difficulties in applying a promotional code or believe the code to be faulty, please contact our customer services team at email@example.com and we will be happy to help.
18.7 These terms and conditions shall be governed by and construed in accordance with UK law and exclusive jurisdiction of the English courts in the event of a dispute.
18.8 Promoter: MYSHUBOX.COM is the trading name of Think Footwear Ltd, company number 08609323, registered office address: 20-22 Wenlock Road, London, N1 7GU
19.1. Sale items are subject to availability, while stocks last. Sale items cannot be used in conjunction with any other promotions: gift with purchase, free delivery, and promotional codes.
- Gift messages
20.1. If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
20.1.1. The gift message service is provided for your own personal and non-commercial use only;
20.1.2. The gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
20.1.3. You will not impersonate any person, including but not limited to any of our employees or customers;
20.1.4. You are entirely responsible for the text and other content of your gift message and we accept no liability for any such content;
20.1.5. We do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
20.1.6. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
21.1. Delivery timescales and charges will vary dependent on the location and delivery option chosen. Full details can be found within our delivery information on our delivery page here.
21.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for them.
21.3. Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place within 30 days of the date of the Confirmation Notice, unless there are exceptional circumstances.
21.4. We will not be liable for any delay in delivering the Goods, however caused.
21.5. Delivery by instalments
21.5.1. The Goods may be sent to you in instalments. You may cancel and receive a refund for the outstanding part of your order.
21.5.2. We aim to provide you with up to date stock information on the site, however in the even that stock quantities differ and an item is out of stock, we will first find out an approximate delivery date, you will then be contacted with this information and you will have the choice to either cancel the item(s) from your order with a refund of any monies paid or you may choose to continue with your order. We will also offer an alternative product where possible.
21.6. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
- Overseas orders
22.1. Our Website is only intended for customers who require deliveries within the EU (including England, Wales, Scotland and Northern Ireland).
22.2. If we agree to supply any Goods, Services or Digital content ordered from the Website for delivery outside the United Kingdom or the EU member states, please note the delivery may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws.
22.3. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
22.4. You must comply with all applicable laws and regulations of the country for which the Goods, Services and Digital Content are destined. We will not be liable for any breach by you of any such laws.
22.6. In the event that we accept an order destined for a non EU country, please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises.
22.7. Purchases will be completed in pounds Sterling or Euro’s. Your bank or credit card provider will determine and apply the then current exchange rate and may charge you administration costs. Please contact your bank or credit card provider before making a purchase to ensure you are aware of any such costs.
23.1. Cancelling my order
You may cancel your order immediately after placing it by emailing our customer concierge team on firstname.lastname@example.org, Monday to Friday 9am – 6pm.
23.2. If the order has already been dispatched, we cannot cancel the order or make any changes.
23.4. If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice. The cancellation period will expire 14 days from the day after the day on which you acquire (or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
Notice of contract cancellation under the ICACRs must be given in writing by email to: email@example.com. You may also use the cancellation form, but it is not obligatory.
23.5. On receipt of your notice of contract cancellation, we will email your return instructions, Return Authorisation Number (RAN) and the Return Address Label. Follow the instructions and return your order so we can process your refund promptly.
23.6. Please retain proof of sending, in case of a dispute. Please note that you must cover the cost of the return shipment, under the ICACRs.
23.7. All items must be returned unused, in their original condition and from the country that the order was delivered to. We will refund the full value of your order, including shipping costs, within 14 days of receiving your notice of contract cancellation.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email as described above, i.e. before requesting your Return Merchandise Authorisation Number (RMA) through your MYSHUBOX.COM account.
23.8. You must return the Goods to us in the same condition in which you received them with the original packaging and the original invoice.
23.9. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
23.10. Some of our products and services have supplementary terms and conditions and these should be read in conjunction with the terms and conditions of sale below. These supplementary terms and conditions are:
23.11.1 Terms and conditions for Digital Treatment Vouchers
23.11.2. Please note that treatment vouchers cannot be exchanged and are subject to a cancellation charge if cancelled less than 72 hours prior to a booked appointment.
23.11.3. You may cancel a treatment voucher within 90 days of purchasing it, unless you have already used it to book an appointment.
If you wish to cancel a treatment voucher more than 14 days after receiving it, we can offer you a store credit for the amount paid, unless you have already booked an appointment.
23.11.4. If you have booked a dated appointment you may cancel it within 24 hours of receiving confirmation. Providing the appointment is not due to take place in the next 72 hours we can offer a full refund, unless you have been informed otherwise at the time of booking. If you cancel a dated booking more than 24 hours after receiving confirmation, provided the applicable appointment is not due to take place within 72 hours, you can receive a store credit for the applicable amount.
23.11.5. Terms and conditions for Digital Retreat Vouchers
23.11.6. Please note that Retreat Packages – cannot be exchanged and are subject to a cancellation charge as per the timescales below:
23.11.7. You may cancel a booking 90 days before the date of the retreat, however a processing fee will be applicable.
23.11.8. A 50% refund will be given for a retreat, if cancelled 31-89 days before the date of the booking, however this will be subject to a processing fee.
23.11.9. A refund will not be issued if a retreat booking is cancelled 0-30 days before the date of the retreat.
23.12. Booking Retreats & Treatments
23.12.1. The services you can buy or book via MYSHUBOX.COM are sold by our partners and not us. We are only responsible for arranging and concluding your booking and we have been appointed by our partners to do so.
23.12.2. If you pay for services from our partners through our Website, we may collect and receive your payment on behalf of the relevant partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the partner for the services.
23.12.4. The contract for your services is directly between you and the relevant partner. We are not liable for the services you receive from our partners, but let us know if you have any feedback regarding the provided service and we’ll do our best to help.
23.12.5. Please check all details and any specific terms and conditions relating to a service, retreat or treatment thoroughly before booking.
23.12.6. Please ensure that any medical or other allergy/health information is disclosed to partners prior to your appointment or stay.
23.12.7. If you want to reschedule or cancel a dated booking this must be requested as per the terms and conditions in sections 23.11.1 should you require further assistance, please email our Customer Concierge Team on firstname.lastname@example.org.
- Return of Goods
24.1. You must return the Goods a per our refund policy. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when we will collect them. We may charge you for the cost of collecting the Goods and may deduct this from any sum owed by us to you.
24.2. You must return the Goods to us in the same condition in which you received them with the original packaging and the original invoice.
24.3. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
- Refund policy
25.1. If you wish to return an order or items from your order purchased from our website you may do so by following our returns policy, please click here for further details.
25.2. We want you to be happy with every purchase you make. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our goods. Therefore, please do not damage the items whilst you inspect them (this also includes the packaging where it forms part of the goods, for example, boxed gifts and gift items). You must ensure that you return the original undamaged packaging along with the item/s you wish to return.
25.3. Where you have failed to take reasonable care of the goods, whether whilst in your possession or when returning them, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the goods or to cover any loss. Alternatively, we may send the item back to you at your expense.
25.4. You have 28 days to decide whether or not to keep your items. Please note Returns Authorisation Numbers (RAN) must be requested within 14 days of receiving your order. You will then have a further 14 days to return or exchange unsuitable items. Items must be returned unworn, in their original packaging with proof of purchase and all associated material.
25.5. Please return purchases with completed returns form including returns number and advise whether you would like a refund or an exchange.
25.6. With the exception of faulty or damaged goods, if you return your purchase by post or courier after the 28 day period, we reserve the right to not offer you a refund in full. We will instead return your purchase to you and prior to sending it out, we will charge you the delivery fee that is applicable to the product purchased and the location to which your returns will be delivered.
25.7. Please note: items can only be returned according to our refund policy providing it is in its original condition (including the packaging where it forms part of the goods, for example, boxed gifts and gift items) have not been worn, opened or used and any seals on the product remain unbroken.
25.8. No refund or exchange will be given without proof of purchase.
25.9. Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.
- Faulty goods
26.1. All items are quality controlled and checked for any faults before they are dispatched to customers. Should you receive an item that is not in perfect condition please contact us immediately. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a full refund if the item cannot be repaired or replaced. For all faulty items outside of our Returns Policy, please contact email@example.com.
26.2. Delivery charges will only be refundable in the case of items that are faulty OR damaged upon delivery or incorrect. Our refund policy does not affect your statutory rights in respect of faulty or damaged goods.
- Distance Selling Regulations
27.1. MYSHUBOX.COM complies with Consumer Contracts 2013 and Online Trading Laws along with Electronic Commerce Directive Regulations.
28.1. We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:
28.1.1. You fail to make any payment to us when due
28.1.2. You breach these Conditions (repeatedly or otherwise)
28.1.3. You are impersonating any other person or entity
28.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
28.1.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
28.1.6. You breach the terms in this Contract or infringe the intellectual property rights of any person in the Digital Content
28.2. On termination of this Contract,
28.2.1.all rights granted to you to use the Digital Content will terminate
28.2.2.we may require you to delete or remove the Digital Content from any devices on which you have downloaded, or otherwise transferred it and to prove to us that you have done so
- Events beyond our reasonable control
29.1. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights. (‘Event Outside Our Control’), which, without limitation, includes:
29.1.1. A strike, lock-out or other industrial action
29.1.2. Shortages of labour, fuel, power, raw materials where we could not take reasonable action to obtain alternative supplies in time to perform this contract
29.1.3. Late, defective performance or non-performance by suppliers where we could not by taking reasonable action obtain alternative supplies in time to perform this contract
29.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
29.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
29.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions
29.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
29.1.8. Acts, decrees, legislation, regulations or restrictions of any government
29.1.9. Other events, beyond our reasonable control
29.2. Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by the Event Outside Our Control or to find a solution by which our obligations may be performed despite this event. We shall promptly notify you of any Event Outside Our Control giving details of it and (where possible) the extent and likely duration of any delay.
29.3. Where an Event Outside Our Control prevents us from performing our obligations to you within 25 days from the date we sent you the Confirmation Notice, either you or we may terminate the Contract by giving 5 days written notice to the other.
29.4. If the Contract is terminated due to an Event Outside Our Control, we will refund you any money you have paid to us under the Contract.
31.1. Complaints should be made by e-mail to firstname.lastname@example.org and will be acknowledged within 3 working days.
31.2. Your complaint will be dealt with fairly and confidentially and we will keep you fully informed of the progress.
- External links
32.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
32.1.1. The privacy practices of such websites
32.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
32.1.3. The use which others make of these websites; or
32.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
- Linking to the Website
33.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
33.2. Any agreed link must be:
33.2.1. To the Website’s homepage
33.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which it is hosted
33.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
33.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
33.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
33.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
- Website Use
- Liability and Indemnity
35.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
35.1.1.Death or personal injury resulting from our negligence
35.1.2.Fraud or fraudulent misrepresentation
35.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987
35.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
35.2.The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
35.3.We will not be liable if the Website is unavailable at any time.
35.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
35.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
35.6.You might download, stream or otherwise access digital content which you consider to be offensive, indecent, explicit or objectionable in circumstances where this material has or has not been labelled to alert you to this. You agree to order the Digital Content and access it at your sole risk. We are not liable to you if the Digital Content is offensive, indecent, explicit or objectionable, whether or not it was labelled to alert you to this risk.
35.7.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.
35.8.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
35.9.You agree not to use the Digital Content for any commercial purposes.
35.10.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
35.10.1.any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
35.10.2.any loss of goodwill or reputation; or
35.10.3.any special losses or losses not normally reasonably foreseeable at the time of the contract; or
35.10.4.any loss of data; or
35.10.5.wasted management or office time; or
35.10.6.any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Goods and Services and take a licence of the Digital Content even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 22.10.1 to 22.10.6, is strictly limited to the total of the price of and any delivery charges you paid for the Goods, Services and Digital Content.
35.11. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
35.12. You acknowledge that
35.12.1. the Digital Content is not made or adapted for your specific requirements,
35.12.2. it is your responsibility to check that your device is suitable for the use of the Digital Content in accordance with our specifications, and
35.12.3. it is your responsibility to check that the Digital Content is suitable for your requirements.
35.14. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
- Updates and amendments
36.1. These terms and conditions may be updated or amended from time to time to comply with law or where our business or website requires such change without any notice to you. Updates and amendments will be posted to our website.
- Entire agreement
37.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
37.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
37.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
38.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time without notice.
38.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
38.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
38.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
38.5. All Contracts are concluded and available in English only.
38.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
38.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
38.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
38.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
39.1. At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
- Governing law and jurisdiction
40.1. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts in the event of any dispute arising from these terms and conditions. All contracts are concluded in English.
THE ULTIMATE SHOE OF THE MONTH SUBSCRIPTION
- The Ultimate Shoe Of The Month Subscription from MYSHUBOX.COM (“Gift”) can only be redeemed by the winning bidder or allocated recipient of the 100 Women In Finance 2019 London Gala Silent Auction offering as donated by MYSHUBOX.COM (“Customer”) from MYSHUBOX.COM website (the “Website”) and provides the recipient with up to one (1) pair of shoes per month for six (6) months up to the Gift’s total retail MYSHUBOX price, as listed on the Website from time to time (inclusive of VAT (where applicable), however exclusive of any other sales tax and/or customs duties where due) (“Limit”). Once the Limit is reached, even if this is prior to the six (6) month redemption period ending (as described in paragraph 8 below), then no further shoes will be provided. At the end of the 6 month period, if any of the Limit has not been used, the remaining amount will remain in the recipients MYSHUBOX account issued as store credit to the Customer and will be valid for a further 6 months.
- The Limit of £4,000 issued as store credit may be redeemable in up to 6 instalments.
- The Gift has a minimum monthly spend of £400 and will only apply to full price items and styles from the ‘SALE’ section that are £400 or over. The Gift cannot be combined with any other promotion, discount offer, code, certificate, or coupon.
- The shoes provided as part of the Gift will be subject to availability and any applicable shipping restrictions. In the event that a particular pair of shoes selected by a Customer is no longer available, then MYSHUBOX reserves the right to provide the Customer with an equivalent pair of the same value.
- Shoes provided as part of the Gift can only be exchanged for other shoes and this remains subject to the MYSHUBOX.COM returns policy. Otherwise, the Gift is non-transferable, non-exchangeable and no cash alternative is offered, meaning that the Limit cannot be applied to any other non-shoe items.
- The Gift is personal to each Customer and is purchased for private (not commercial) use.
- Once having purchased the Gift, each Customer will be contacted by the MYSHUBOX Customer Concierge Team who will work with the Customer to assist them with their selection of shoes.
- The Gift must be redeemed within 6 months from the date of purchase.
- Delivery costs associated with the Gift will be complimentary but please note that exclusions may apply.
- MYSHUBOX reserves the right to cancel the Gift if it feels that a Customer has violated any of these terms.
- MYSHUBOX reserves the right to cancel or amend these terms at any time and without prior notice. These terms do not affect the Customers’ statutory rights.
- For any issues or queries relating to the Gift, please contact email@example.com.
OFFICIAL CONTEST RULES – VIRTUAL GIFT CARDS/STORE CREDIT £100/$100 SWEEPSTAKE
ELIGIBILITY: This Sweepstakes is open only to participants from the United Kingdom who are 18 years of age or older at time of entry. Employees of the MYSHUBOX.COM (the “Sponsor”) its affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible. The Sweepstake shall be void where prohibited by law.
THE SWEEPSTAKE PRIZE: One winner will be issued a £100/$100 gift card into their MYSHUBOX.COM account to spend across categories (excluding hosiery and foot care essential, padding and protection, insoles and support, hosiery) at MYSHUBOX.COM (the “Sweepstake”). There will be no cash redemption through refunds made. Odds of winning depend upon the number of eligible entries received.
HOW TO ENTER: Beginning 14.30 GMT February 14 2019, visit https://www.instagram.com/myshubox/?hl=en and follow the instructions the ‘Love & Fashion Week’ giveaway post for a chance to win and be automatically entered into the Gift Cards Sweepstake. All the steps detailed must be followed to enter and the answers given to the trivia questions must be correct and accurate. Entries must be received by the closing date of 23:59 GMT February 21 2019. Entries received after this date and time will not be included. Each eligible entrant may enter only once. If more than one entry is received per person, only the first entry received will be eligible. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email account will be deemed to be the entrant. “Authorized account holder” of an e-mail address is the natural person in whose name the e-mail address has been issued. A selected winner may be asked to provide Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. Use of automated devices not valid for entry. The winner will receive an email to confirm that they have won. If you are not a winner of the Sweepstake you will not receive an email to alert you to this fact. The personal data collected will be used for MYSHUBOX.COM social media marketing communications only.
GIFT CARDS SWEEPSTAKE RANDOM DRAWING: One winner will be selected in a random drawing on February 21 2019 from among all eligible entries received. The random drawing will be conducted by a member of the MYSHUBOX.COM Marketing Team, whose decisions are final on all matters relating to this Sweepstake. Odds of winning will depend upon the number of eligible entries received. The winner will be notified by direct message and subsequently via email email within 10 working days of the above date of the random drawing. If the winner cannot be contacted within 7 days, an alternative winner may be chosen. The prize is not transferable and there is no cash alternative.
OFFICIAL RULES: NO PURCHASE NECESSARY, PARTICIPATION IN THIS SWEEPSTAKE IS FREE. BUYING WILL NOT HELP YOU WIN. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. Entrants agree to abide by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Gift Cards Sweepstake. The Sponsor reserves the right to modify these Terms and Conditions at any time. If the Sponsor amends this Terms and Conditions you shall be notified on this website. Prize winners may be required to execute affidavits of eligibility and/or releases within seven (7) days following the date of attempted notification. Non-compliance within this time period may result in disqualification and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Entrants further grant to Sponsor the right to use and publish their legal name and city of residency online, in print, and in any other media in connection with this Gift Cards Sweepstake. Acceptance of a prize constitutes permission for Sponsor to use winner’s name and likeness for advertising and promotional purposes without additional compensation unless prohibited by law. No substitution or transfer of prize by winner permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that the advertised prize is unavailable. All applicable shipping costs and possible associated duties and taxes are the sole responsibility of winner. By entering, entrants and their respective parents or legal guardians agree to indemnify, release, discharge and hold harmless Sponsor, its subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability or any claims, injuries, losses, or damage of any kind directly or indirectly arising from or in connection with this Sweepstake, any information posted or shared by the entrant, any unauthorised disclosure of confidential information by the entrant, or any prize won. By participating in this promotion, entrants and their respective parents or legal guardians agree to be bound by these Official Rules and the judges’ decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in this sweepstake materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Gift Cards Sweepstake or in the announcement of the prize. Except otherwise stated in these Terms and Conditions, normal MYSHUBOX.COM Terms and Conditions apply to the Sweepstake Prize.
SWEEPSTAKE QUESTIONS: For any questions or concerns relating to this Sweepstake, send an email to firstname.lastname@example.org
SPONSOR: MYSHUBOX.COM, 20-22 WENLOCK ROAD, LONDON, N1 7GU
NOTICE TO ONLINE ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for faulty, incorrect or mis-transcribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Sponsor shall not be responsible for any occurrences resulting from the entrant’s connection to the internet via www.myshubox.com Site. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and the sweepstake random drawing will be conducted from among all eligible sweepstake entries received prior to termination. Any damage made to the Site will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Entrants participating in this Accessories Sweepstake agree to be bound by these official rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN IN THIS SWEEPSTAKE.
These Terms and Conditions shall be governed by the laws of England and Wales and will be interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. Any action arising out of these terms shall be litigated in, and only in, the courts of England and Wales, and all entrants hereby agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.
Medical information disclaimer
1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- No advice
2.1 Our website contains general medical information.
2.2 The medical information is not advice and should not be treated as such.
- No warranties
3.1 The medical information on our website is provided without any representations or warranties, express or implied.
3.2 Without limiting the scope of Section 3.1, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
- Medical assistance
4.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider. Consult your medical or general practitioner prior to starting any exercise programme or foot fitness programme as improper use may result in injury.
4.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
4.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
4.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
5.5 Consulting and gaining consent from a medical/general practitioner prior to starting any exercise programme or foot fitness programme is crucial if any of the following apply to you:
- You are under the age of 18;
- You are not an experienced or frequent participant of a regular fitness
- Y ou are a pregnant woman;
- Y ou have preexisting health conditions;
- You are taking medication that may affect your use of the product; or
- You have had a previous injury of or have undergone a surgical procedure
to the ankle-foot complex, such as a hallux valgus procedure.
- Interactive features
5.1 Our website includes interactive features that allow users to communicate with us.
5.2 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
5.3 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
- Limits upon exclusions of liability
6.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
Email address: Email address
I/We[*] hereby give you notice that I/We[*] cancel my/our[*] contract for:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature of consumer(s):
[*] Delete as appropriate