services through us, boyfriendbookbox.com (the “Site“). These Terms are subject to change by
Boyfriend Book Box (referred to as “Boyfriend Book Box”, “us“, “we“, or “our” as the context
may require), without prior written notice at any time, in our sole discretion. Any changes to
the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should
review these Terms before purchasing any product or services that are available through this
Site. Your continued use of this Site after the “Last Updated Date” will constitute your
acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of
our Site. You should also carefully review our Privacy Policy before placing an order for products
or services through this Site.
Information we give you
a. By law, the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 say that we must give you certain key information before a legally binding
contract between you and us is made. If you want to see this key information, please:
i. read the key rights summary at the beginning of these Terms and Conditions on Purchase; or
ii. read the acknowledgement email (see clause 5); or
iii. contact us using the contact details located on the contact us page.
b. The key information we give you by law forms part of this contract (as though it is set out in
full here).
c. If we have to change any key information once a legally binding contract between you and us
is made, we can only do this if you agree to it.
1. The Binding Contract between You and Us
By placing an order, you are offering to purchase a product on and subject to the following
terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times, which are communicated clearly on Boyfriend Book Box Site, may vary
according to availability and subject to any delays resulting from postal delays or force majeure
for which we will not be responsible. These terms and conditions apply only if you are buying
products on our site as a consumer (i.e. for purposes outside of your business, craft or
profession).
The buyer is responsible for any import taxes imposed by their home country. Please take these
fees into account when buying. Customers located within Canada will not incur any import fees.
Outside of Canada, you will need to look up the import duty threshold and rates for your
country to determine if and how much you will pay in duty/handling fees.
In order to contract with Boyfriend Book Box you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. Boyfriend Book Box retains the right
to refuse any request made by you. If your order is accepted, we will inform you by email and
we will confirm the identity of the party, which you have contracted with. This will usually be
Boyfriend Book Box or may in some cases be a third party. Where a contract is made with a
third party Boyfriend Book Box is not acting as either agent or principal and the contract is
made between yourself and that third party and will be subject to the terms of sale, which they
supply you. When placing an order you undertake that all details you provide to us are true and
accurate, that you are an authorized user of the credit or debit card used to place your order
and that there are sufficient funds to cover the cost of the goods. The cost of foreign products
and services may fluctuate. All prices advertised are subject to such changes.
2. Our Contract
When you place an order at the end of the online checkout process (eg “subscribe and place
order” button), you will receive an acknowledgement e-mail confirming receipt of your order:
This email will only be an acknowledgement and will not constitute acceptance of your order. A
legally binding contract between us will not be formed until we send you confirmation by e-
mail that the box (or item), which you ordered has been dispatched to you (Shipping
Confirmation).
We may contact you to say that we do not accept your order. This is typically for the following
reasons:
* the products are unavailable;
* we cannot authorize your payment;
* you are not allowed to buy the products from us;
* we are not allowed to sell the products to you;
* you have ordered too many products; or
* there has been a mistake on the pricing or description of the products
For orders of our “Book Subscription Box” Product, the goods included in the ordered box will
remain unknown until receiving the box. The amount of goods within your ordered box will be
announced on the website and hence will be included in the contract formed.
The Contract will relate only to those Products whose dispatch we have confirmed in the
Dispatch Confirmation. We will not be obliged to supply any other Products which may have
been part of your order until the dispatch of such Products has been confirmed in a separate
Dispatch Confirmation.
The subscription plan to our Services consist of an initial pre-authorization (not a charge) of
your bank card and then followed by recurring period charges as agreed to by you. The date of
the recurring charges will be specified in the selected subscription plan on our website and in
your confirmation email. By entering into this Agreement, you acknowledge that your
subscription has an initial pre-authorization and recurring payment feature; and you accept
responsibility for all recurring charges prior to deactivation. Boyfriend Book Box may submit
periodic charges (e.g., monthly, quarterly, semi-annually) without further authorization from
you, until you provide prior notice that you have terminated this authorization or wish to
change your payment method. Such notice will not affect charges submitted before Boyfriend
Book Box reasonably could act. To terminate your authorization or change your payment
method, email accounts@boyfriendbookbox.com
By subscribing to Boyfriend Book Box you are agreeing to pay recurring periodic subscriptions
for an indefinite time until deactivated by you or us, on the subscription terms set out in the
application form you have completed. You can deactivate your subscription at any time within
the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at
any time following your deactivation, but we reserve the right not to permit re-subscription
where we have previously elected to terminate a subscription by you.
Discontinuation of your subscription needs to be done at least 24 hours before it is set to renew
(start of the new quarter in Jan, Apr, Jul & Oct). If you discontinue a subscription before all
payments are made, you will forfeit the Boyfriend Boox Box and will not receive the products.
There will be no refunds issued. To discontinue your subscription, go to your account and
follow these steps:
* Log into your account on the Boyfriend Book Box website
* Click on the relevant Subscription
* Click the Cancel button displayed under your active subscription
* You will receive a Cancellation Confirmation Email
We reserve the right, at our absolute discretion, not to renew your subscription at any time
without giving any reasons for our decision.
3. Service Pricing & Availability
* All prices, discounts, and promotions posted on this Site are subject to change without
notice. The price charged for a product or service will be the price in effect at the time the
order is placed and will be set out in your order confirmation email. Price increases will only
apply to orders placed after such changes. Posted prices do not include taxes or charges for
shipping and handling. All such taxes and charges will be added to your merchandise total and
will be itemized in your shopping cart and your order confirmation email. We strive to display
accurate price information, however, we may, on occasion, make inadvertent typographical
errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to
correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from
such occurrences.
* Terms of payment are within our sole discretion and payment must be received by us
before we accept an order. You represent and warrant that (i) the credit card information you
supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card
for the purchase, (iii) charges incurred by you will be honoured by your credit card company,
and (iv) you will pay charges incurred by you at the posted prices, including shipping and
handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at
the time of your order.
* Voucher and Promo Codes. A voucher or “promo code” may only be used once by a
customer and may not be copied, reproduced, distributed, or published either directly or
indirectly, in any form, or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or deactivate any Voucher or Promo Code for any reason at
any time. Voucher and Promo Codes may only be redeemed through our website and not
through any other website or method of communication. To use your voucher or promo code,
you will be required to enter the code at the online checkout and use of such code will be
deemed to confirm your agreement to these terms and conditions and any special conditions
attached to it. Any discounts attached to voucher and promo codes apply to the price of the
Products ordered only and not to delivery charges, which will be chargeable at normal rates.
4. Cancellation
To exercise the right to deactivate or cancel, you must inform us at
support@boyfriendbookbox.com of your decision to cancel this contract by a clear statement.
At this time, we can only process order cancellations or refunds within one hour of purchasing
(or your automatic payment being processed). Otherwise, all sales are final.
Cancellations done mid subscription, resulting in payments not being processed, will result in
forfeiture of the Box and products. No refund will be given.
5. Availability & Delivery
Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation
or, if no delivery date is specified, then within 30 days of the date of the Shipping Confirmation,
unless there are exceptional circumstances.
Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date
of the Shipping Confirmation, we will let you know, cancel your order; and give you a refund.
Delivery will be completed when our authorized courier company, deliver the Products to the
shipping address you supplied to us during your order process. If no one is available at your
address to take delivery, our authorized courier company, will follow the delivery instructions
provided to us by you. If no leave safe instructions are specified, the order will be left in an area
that the authorized courier company considers safe, or left at a local post office to be picked up
by you.
The leave safe location specified by you shall be within the area of the delivery address and
shall be accessible to the courier. We will endeavour to follow any delivery instructions you
provide but this cannot be guaranteed.
Boyfriend Book Box obligation to deliver the box (parcel) shall be fulfilled once the courier
delivers the box (parcel) at the safe spot specified by you or the box (parcel) is considered safe
by the courier.
If the personal handover of the box (parcel) is not possible and no leave safe is available we
may also deliver the box (parcel) to a nearby household or business. A household or business
shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee.
In addition, the box (parcel) may also be delivered to a recipient residing in proximate walking
distance to the delivery address (e.g. same housing complex, building on the opposite side of
the street, next-door building). All aforementioned nearby households and businesses are
subsequently referred to as “neighbours”.
The customer will be notified of such delivery to a neighbour by delivery notice, via email or in
the tracking status of the parcel.
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of
acceptance.
Boyfriend Book Box will not attempt a further delivery. You are obliged to bear all expenses
related to aforesaid default of acceptance.
6. Delivery Risk
Once the delivery is completed, according to the proof of delivery provided (i.e. signed for by
customer, left in a safe spot as specified by the customer or considered safe by authorized
courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of
any damage or loss of the box will be with the customer. Boyfriend Book Box shall not be held
liable for any damage, defect or loss which may occur thereafter.
You are fully responsible for any damages or losses due to any ambiguity regarding the safe
spot specified by you. Boyfriend Book Box is not obliged to review the safe spot as to its general
suitability.
Refusal of the box (parcel) does not negate the charge, Boyfriend Book Box will not be liable for
any losses sustained by the customer relating to a refusal of delivery by our authorized courier
company.
Boyfriend Book Box will not be liable for any losses sustained due to a failure on the customer’s
part to update and maintain sufficient delivery addresses. All address edits must be
communicated before deadlines provided in pre-shipment notifications sent by Boyfriend Book
Box.
If you do not receive your order within 30 days of the last tracking update, please contact us. If
we are contacted later than 30 days after the last tracking update and the order has not been
received, we will not be able to provide a replacement or refund.
7. Price
The price of the Products and our delivery charges will be as quoted on our site from time to
time, except in cases of obvious error.
Product prices do not include GST and other applicable taxes until a shipping country is selected
from the list of available countries during the checkout process. GST and other applicable taxes
will only be applicable for, and therefore only added to orders destined for Canada.
Product prices and delivery charges are liable to change at any time, but changes will not affect
orders in respect of which we have already sent you a Shipping Confirmation.
In relation to subscriptions, please note the following specific provisions:
* Shipping Costs Adjustment: We reserve the right to modify the shipping fees associated with
subscriptions at our discretion. These adjustments may be made without prior notification to
the subscriber, provided that any changes do not exceed 1.00 USD within a twelve-month
period.
* GST Rate Variation: The GST rate applied to subscriptions may be revised to align with
changes in local tax regulations. These revisions may be effected without prior notification to
the subscriber.
8. Limitation on our Liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal
injury) or arising under applicable laws relating to the protection of your personal information,
we are not legally responsible for any:
* losses that were not foreseeable to you and us when these Terms were formed;
* losses that were not caused by any breach on our part;
* business losses; and
* losses to non-consumers.
9. Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond
our reasonable control, including, but not limited to, strikes, lock-outs or other industrial
disputes; breakdown of systems or network access; flood, fire, explosion or accident; or
epidemics or pandemics.
10. Third Party rights
No one other than a party to this contract has any right to enforce any term of this contract.
11. Indemnity
You agree to indemnify, defend and hold harmless Boyfriend Book Box, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party claims, liability,
damages and/or costs (including, but not limited to, legal fees) arising from your use this
Website or your breach of the Terms of Service.
12. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of the Terms of Service will not
be affected by all other clauses remaining in full force and effect. So far as possible where any
clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part
valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall
be rectified and interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
13. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments.
If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use
alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and
us that does not involve going to court.
14. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any
and all preceding and contemporaneous agreements between you and Boyfriend Book Box. Any
waiver of any provision of the Terms of Service will be effective only if in writing and signed by a
Director of Boyfriend Book Box.
Nothing in this clause limits or excludes any liability for fraud.
16. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery,
conform with its description, be of satisfactory quality, and be reasonably fit for all the
purposes for which products of that kind are commonly supplied.
17. Damage Policy & Returns
Any goods we provide as part of our subscription services must be as described, fit for purpose
and of satisfactory quality. Our subscription services must be provided with reasonable care
and skill. We are under a legal duty to supply good and our subscription services in conformity
with our contract with you.
If your box has arrived damaged or items are missing, we will offer an appropriate
replacement/refund in line with your consumer rights as long as it can be shown that the box
you were charged for was not provided as it should have been. You have up to 7 days from
when you have received the box to notify us and begin a claim. You will be required to provide
photographic evidence. Any claims submitted after 7 days of receipt will not be entitled to
replacements or refunds. This does not affect your statutory rights.
Any damaged books need to meet our book damage criteria, please email
support@boyfriendbookbox.com to see if you qualify for a replacement.
18. Nature of the Goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’).
The goods that we provide to you must be as described, fit for purpose and of satisfactory
quality.
We are under a legal duty to provide our subscription services with reasonable care and skill
and supply you with goods that are in conformity with this contract.
The packaging of the goods may be different from that shown on the site.
While we try to make sure that the colours of our goods are displayed accurately on the site,
the actual colours that you see on your device may vary depending on the device that you use.
19. Written Communications
Applicable laws require that some of the information or communications we send to you should
be in writing. When using our site, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with information by posting notices on
our website. For contractual purposes, you agree to this electronic means of communication
and you 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. This condition does not affect your statutory rights.
20. Our Right to update these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements and changes in our
system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order
Products from us, unless any change to those policies or these terms and conditions is required
to be made by law or governmental authority (in which case it will apply to orders previously
placed by you), or if we notify you of the change to those policies or these terms and conditions
before we send you the Dispatch Confirmation (in which case we have the right to assume that
you have accepted the change to the terms and conditions, unless you notify us to the contrary
within seven working days of receipt by you of the Products).
21. Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of
or in connection with them or their subject matter or formation (including non-contractual
disputes or claims) will be governed by Canadian law. Any dispute or claim arising out of or in
connection with such Contracts or their formation (including non-contractual disputes or
claims) will be subject to the non-exclusive jurisdiction of the courts of Canada.
22. Contact Us
If you have any further questions, please contact in writing by mail to
BoyFriend Book Box
PO Box 20104 FORT SASKATCHEWAN RPO SIN CROSSING, AB, 18L 4C8
or through email to support@boyfriendbookbox.com
[Last Updated: July 26th, 2024]