Membership T&C’s
1. OUR PRODUCTS AND SERVICES
1.1. The Box Fashion specialises in the marketing of fashion accessories for women of all ages.
1.2. Our products and samples are provided for personal use only. You are not allowed to sell or resell any products or samples you receive from us. We reserve the right, with notice, to cancel or reduce the quantity of any products or services available for you to purchase, in addition to any other remedy we may have against you, if we reasonably believe that you may violate this term.
1.3. The use or selling of The Box Fashion products and samples is not permitted in any retail outlets.
1.4. You are responsible for using the products only as instructed, and The Box Fashion will not be liable to you or any third party for any claim, damage, injury, or loss that may result from the failure to use the product as instructed.
2. THE BOX FASHION MEMBERSHIPS
2.1. Availability and delivery
2.1.1. All deliveries depend on product availability, and we will notify you immediately if any products from your selected box are not available. In this instance, we will offer you equivalent products or a different box of your choice within 30 days of our notification to you.
2.1.2. Products will be delivered to you by courier. Should there be any delay in the delivery of your parcel, we will notify you as soon as reasonably possible. Please ensure that the address and contact number you provide to us are accurate to avoid any unnecessary delays.
2.1.3. It is your responsibility to ensure that we have the correct delivery details. The Box Fashion cannot be held liable for any loss as a result of incorrect information provided.
2.1.4. It is your responsibility to ensure that the products received correspond to the item list provided in your box. If it is found that there are any discrepancies, it is your responsibility to notify The Box Fashion within 7 days of receipt of products.
2.1.5. Should you have any issues, please contact Client Care at info@theboxfashion.com.au for assistance.
2.1.6. Delivery from The Box Fashion is only available in Australia and South Africa.
2.2. Returns
2.2.1. We are sure that you will love our products! However, if you want to return them because you are not satisfied for any reason, please contact us at info@theboxfashion.com.au for assistance.
2.2.2. Return of defective items
2.2.2.1. In the unlikely event that any of our products delivered within the preceding 6 months are found to be defective, please notify us as soon as you become aware of the defect. We will arrange for the products to be collected, and you will not be responsible for any costs involved in respect of such a return. The Box Fashion reserves the right to accept a photo of the defective item for inspection at our sole discretion.
2.2.2.2. We reserve the right to inspect the products to determine whether they are defective and whether any damage has been caused by you or by wear and tear. The Box Fashion is not responsible for any damage to products caused by wear and tear, your error, your failure to follow instructions for safe use, or any adjustments other than instructed or additions made to the products once they are in your control.
2.2.2.3. If it is found that the item is indeed defective, we will gladly replace it. You will be notified, and a replacement will be delivered within 15 business days from the notification.
2.2.3. Return of boxes
2.2.3.1. Your 1st seasonal box comes with a money-back guarantee. In the unlikely event that you are not satisfied with your 1st seasonal box, you may request to return it for a full refund of the membership fee paid towards it within 7 days of receipt. We will arrange to collect the 1st seasonal box from you within a reasonable time, and you will be refunded within 7 days after we receive the returned box.
2.2.4. Exchanges
2.2.4.1. If you receive a seasonal box that is not the one you prefer, you may request an exchange for your preferred box within 7 days of receipt, provided that the items are in an unused condition and in their original packaging with labels attached. An exchange will be arranged, and the new box will be delivered within 15 business days, on the condition that the original parcel is handed over to the courier first.
2.2.4.2. Seasonal boxes come as carefully curated sets, and single items from 1 seasonal box cannot be swapped for the items of another. A box can be exchanged for a different, more suitable box instead, provided that it meets the abovementioned exchange criteria.
2.2.5. In instances where a collection is arranged, the couriers will communicate with you regarding when the package will be collected. Please note that it is your responsibility to ensure that the package is given to the couriers on the collection date. If we do not receive the package because you did not provide it to the courier as required, please note that you will be liable for payment of the courier fees. We will not be able to take further action to resolve your request until the parcel is received.
2.3. Membership cancellations
2.3.1. The seasonal boxes are delivered after the 1st membership fee of each cycle. Each seasonal box has a payment term of 3 months. The seasonal boxes are, therefore, only paid in full after 3 membership fees have been received for each season.
2.3.2. This means that if you choose to cancel your membership, which you may do at any time by notifying us, your cancellation will only be in effect after the payment term for any boxes delivered is complete.
2.3.3. All cancellations must be requested directly with our Client Care department, which can be done via email to info@theboxfashion.com.au. The membership number provided by The Box Fashion needs to be cited with any request.
2.4. Pricing and payment
2.4.1. The monthly membership fees and the prices of our products will be as quoted to you telephonically or displayed on our website, except in cases of obvious error.
2.4.2. Prices include GST, and all payments are to be made in Australian Dollars.
2.4.3. Membership fees for a specific membership level offered will remain unchanged for at least 12 months, after which inflation of up to 10% may be applied without prior notice.
2.4.4. There is no delivery fee for seasonal box deliveries.
2.4.5. The Box Fashion may increase prices from time to time without prior notice.
2.4.6. The ownership of the products in your seasonal boxes will only pass to you once you have paid the full three months’ worth of membership fees. Settlement of one season’s box and commencement of the following season’s payments are subject to all 3 membership fees received in full.
2.4.7. Membership holders must pay their monthly membership fees to continue being eligible for membership benefits, including receiving the seasonal boxes.
2.4.8. Should we fail to collect payment from a membership holder in any month because you do not have sufficient funds or you have not updated your payment details as required, we reserve the right at our discretion to extend the term over which payments are deducted by one month for each collection that fails.
2.4.9. Membership fees may be paid via BECS, Visa or MasterCard.
3. LIMITATION OF LIABILITY
3.1. Subject to consumer law rights, our liability to you in connection with any box delivery is strictly limited to the membership fees received in that payment term.
3.2. The Box Fashion will not be responsible for any loss of income or revenue, loss of business, loss of profits or any indirect or consequential loss or damage related to the purchase or use of the products, even if it is caused by our negligence.
3.3. This means that you will have no claim against The Box Fashion in excess of the fees received during the associated payment term.
3.4. Subject to consumer law rights, The Box Fashion, our employees, directors or agents will not be liable for any loss or harm, direct, indirect or consequential, arising from, or connected to—
3.4.1. your use of the website;
3.4.2. your inability to use the website;
3.4.3. any operational failure of the website;
3.4.4. unlawful activity on the website and/or any linked third-party websites;
3.4.5. any virus or other harmful code downloaded from the website by you;
3.4.6. you uploading or transmitting a virus, computer program or code onto the website; and/or
3.4.7. breach of security over the website unless it is due to our gross negligence.
3.5. The effect of this clause is that you will not be entitled to make any claims against us where you have suffered any loss or harm as a result of anything related to the list provided in this clause.
3.6. It is your responsibility to contact The Box Fashion if there are any discrepancies and changes to your order, account, or membership details.
4. APPLICABLE LAW AND JURISDICTION
4.1. The use of this website and all transactions with The Box Fashion are governed by the laws of the state of Queensland, Australia.
4.2. Except to the extent that any other regulatory authority has jurisdiction, you agree that the courts of the state of Queensland, Australia, and any courts which have jurisdiction to hear appeals from such courts, have jurisdiction over any disputes arising from these terms and conditions and your use of the website.
5. COMPANY DETAILS
5.1. FULL NAME AND LEGAL STATUS:
Clearstone Pty Ltd trading with ABN 86669580269 trading as The Box Fashion Int.
5.2. EMAIL ADDRESS:
info@theboxfashion.com.au
6. COMPETITION AND OFFER RULES
6.1. Competitions are promoted by Clearstone Pty Ltd trading, with ABN 86669580269, trading as The Box Fashion Int.
6.2. Competition requirements
6.2.1. To enter a competition, you must:
6.2.1.1. Be a resident of Australia.
6.2.1.2. Be at least 18 (eighteen) years of age or, for competitions advertised to under-18s, have a parent/legal guardian present to enter and accept any prizes.
6.2.1.3. Be a client of The Box Fashion, nominated by a The Box Fashion client or interact on any of The Box Fashion’s social media pages.
6.2.1.4. Meet the unique requirements of the competition, as posted/advertised.
6.2.2. The Box Fashion may contact you to confirm that you do/will comply with these requirements.
6.2.3. The Box Fashion may select an alternative winner if you do not meet the requirements of these rules.
6.2.4. This competition is open to anyone meeting these requirements, except employees of The Box Fashion, its affiliates, and their family members.
6.3. Competition entries
6.3.1. Only entries made in the manner instructed by the relevant competition alert/social media post will be entered into the competition.
6.3.2. All entries must be submitted before the due dates indicated in the relevant competition alert/social media post.
6.3.3. The Box Fashion accepts no responsibility for entries that are lost, delayed, misdirected, damaged, or undelivered.
6.3.4. Incomplete, lost, misdirected, damaged, or undelivered entries and entries that are delayed beyond the closing date and time will be disqualified.
6.3.5. By entering a competition, all participants and winners agree to be bound by these rules as interpreted by The Box Fashion, whose decision regarding any dispute will be final and binding. The Box Fashion reserves the right at any time without notice to amend, modify, or change these rules, and to postpone, suspend or cancel this competition and any prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which The Box Fashion reasonably deem necessary.
6.3.6. Any violation of the competition rules will result in immediate disqualification.
6.4. The competition prize
6.4.1. Unless otherwise specified, competition winners will be selected at random from the competition entrants on/after the closing date specified in the competition advertisement/post.
6.4.2. The prize is as stated in the relevant competition advertisement/posting and is not transferable or exchangeable. No alternatives will be offered.
6.4.3. Winners will be notified via telephone/email/social media. It is your responsibility to ensure that your contact details are submitted accurately.
6.4.4. If The Box Fashion cannot, for any reason, contact a winner within two business days of the winners being announced, The Box Fashion may select another winner.
6.4.5. The results of the competition are final. The Box Fashion will not correspond with anyone besides the winner about the results.
6.4.6. The Box Fashion undertakes to deliver the prize to the winner via courier, where applicable.
6.5. Limitation of The Box Fashion’s liability to competition entrants
6.5.1. The Box Fashion will not be liable to any entrant or winner, their legal representatives or any third party for any harm suffered as a result of entering the competition, even if it is caused by the negligence of The Box Fashion. This means that you will have no claim against The Box Fashion.
6.5.2. The Box Fashion will only be responsible for harm or losses caused directly by the gross negligence of The Box Fashion or its agents.
6.6. Personal information collected through competition entries
6.6.1. If agreed upon by the winner, The Box Fashion will make use of their personal information as may be required by the competition. We will not disclose the winner’s personal information to any third party or for any purposes other than the promotion of the competition unless the winner has agreed otherwise.
6.6.2. The Box Fashion may ask the prize winners to be identified, photographed and published in printed and digital media, or to appear on radio and television when receiving their prizes.
6.6.3. The names and/or photographs of the prize winners will/may be published on the official The Box Fashion website (www.theboxfashion.com.au) and The Box Fashion’s social media pages.
6.7. Limited/special offers
6.7.1. All offers over and above or differing from The Box Fashion’s standard service offering are to be considered a limited/special offer.
6.7.2. Any limited/special offers presented by The Box Fashion are subject to the individual terms of each agreement and the offeree’s fulfilment of their obligations to qualify.
6.7.3. Limited/special offers are usually presented in conjunction with The Box Fashion’s standard membership offering. If the membership linked to an offer presented is cancelled or the offeree does not meet their obligations as set out in these Terms and Conditions or related to the specific offer, the offeree is no longer entitled to the offer or its benefits.
6.7.4. The Box Fashion is not liable to any participant in a limited/special offer, their legal representatives or any third party for any harm suffered as a result of ineligibility or disqualification from the offer or its benefits.
6.7.5. The Box Fashion reserves the right to alter the Terms and Conditions of a limited/special offer without prior warning.
6.7.6. Complimentary gift offers for applicants:
6.7.6.1. Applicants for memberships or mailing list subscribers may be offered a complimentary gift/voucher. Not all applicants for memberships or mailing list subscribers are entitled to complimentary items/vouchers from us.
6.7.6.2. Should the offeree fail to meet their obligations to claim the benefits of an offer in any way, such as failing to supply details requested within a reasonable period of being prompted, they may no longer be eligible for the offer.
6.8. These rules are governed by and will be interpreted in accordance with Australian law