1a. We operate the website www.elite-box.co.uk. "We" are Elite Subscription Box Ltd, a company registered in England and Wales under the company number 12660346 and with our registered office and trading address at 91 The Street, Chelsworth, Suffolk, IP7 7HU.
1. Use of Our Service
We provide a quarterly (every 3 months) Subscription of high-quality clothing, accessories and other products for people who enjoy and take part in functional fitness of all kinds. Boxes are delivered every 3 months and include a number of different products from both external brands and our own Elite Box branded products.
You may use the Service only if you can form a binding contract with Elite Box, and only in compliance with this Agreement and all applicable laws, rules and regulations.
B) Accounts and Ordering
Your customer account gives you the ability to order and purchase products listed on our site, and to have access to the services and functionality.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify us immediately if you suspect any security breach on your account. We cannot be responsible for any unauthorised usage of your account.
You may control your User profile and how you interact with the Service by changing the settings in your customer account page. By providing Elite Box with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your customer account page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C) Service Rules
In order to use the Service, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You may copy and redistribute the audiovisual content available on the Service; however, you may not alter or modify such audiovisual content in any manner and you may not remove any copyrights associated with the such audiovisual content without expressed written permission.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Elite Box reserves all rights not expressly granted herein in the Service.
Elite Box may terminate this license at any time for any reason or no reason.
3. Our Proprietary Rights
Except for your User Content, the service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Elite Subscription Box Ltd and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Elite Box Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Elite Box under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
4. Placing an Order for Products
You may choose to purchase products from our Site and you begin by placing an order for the desired products through our Site. After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation. All products ordered through our Site shall be subject to the payment processes.
Regarding damaged items, we require images of the damage to be sent to us immediately and after review, replacement options, if any, will be provided.
We aim to certify that the information on the website is accurate. Certain information may contain pricing inaccuracies or typographical errors, which we may update and correct without liability. We also reserve the right to limit quantities purchased by Subscribers and to change, suspend, or terminate a limited edition or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our website will be available.
5. Subscription Plans
You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
We will submit periodic charges (e.g., quarterly) without further authorization from you, until you opt out of auto-renewal on your account page by using the “Cancel Subscription” button or contact us directly via Email or Telephone to cancel. We deliver boxes every 3 months. Your first order will be charged immediately at Checkout and we will aim to dispatch your first box within 14 days of order.
The initial payment for Elite Box will be withdrawn at the time of checkout. For subsequent boxes/terms, payments are automatically scheduled to withdraw around the 1st day of the 1st month of the new quarter. The start of the Elite Box quarters (every 3 months) are 1st March, 1st June, 1st September and 1st December in each calendar year. If the 1st of the month lands on a weekend, it will be charged on the next business day. The renewal payment schedule may change without prior notice, at the discretion of Elite Box. We are not able to manually assign charge run dates for individual subscribers.
The cancellation request via your account page will take effect only if submitted 14 days in advance of your next payment (e.g. you must cancel before the 10th September if your next payment is due on 24th September). Cancelling a subscription will not cancel and refund the delivery orders that have been paid for, it only stops future renewal charges.
You are entitled to cancel your subscription at any time, however unless you cancel your subscription with us within 14 days of your next payment your subscription will be cancelled after that quarters delivery.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
6. Billing, Shipping and Payment Policies
We ship within an estimated 14 business days after payment is received, which is subject to change at any time, without notice and liability. As soon as your box is on its way, you will receive an email confirmation. Kindly note that sometimes there may be shipping delays and/or product back-orders due to a stall involving the vendor/brand fulfilment process. You will not be eligible for a refund due to any unforeseen delays.
Delivery can take 14 business days from when the package leaves the warehouse. UK orders are shipped via Royal Mail and you will receive an email confirmation once your order is shipped.
Address changes must be made 14 days ahead of delivery.
Customers are responsible for paying the duty and other customs clearing expenses.
Certain aspects of the Service, for example, subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. Elite Box may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Payment for all products purchased through our Site must be by credit, debit card or PayPal. Our system is only equipped to accept one payment method at a time. If your account has multiple options on file and there is a payment error, the transaction may default to the most recently used payment method. In the event that Elite Box suspends or terminates your account for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged/expired/incorrect size. In a case of damaged or missing products, the subscriber must contact Elite Box within 14 days from the date the subscriber received the merchandise. In the case of a lost box or box showing as delivered, but not received, the subscriber must contact Elite Box within 14 days from the ship date. Any complaints received after the timeline given will not be eligible for a refund or replacement.
Any issues with product sizing should be reported to Elite Box within 14 days. We will endeavour to exchange products with either exactly the same product or similar product (i.e. a T-shirt replaced with a T-Shirt).
All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by Elite Box. The risk of loss for such products passes to you when Elite Box or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. Elite Box reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending a reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Elite Box in writing within thirty (30) days of such payment. Failure to so notify shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Elite Box. No other measurements or statistics of any kind shall be accepted or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
7. No Professional Advice
Any product or other information (for example, Nutrition, Wellness, Food Items, Training Equipment and Clothing) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service.
9. Third-Party Links
You agree to defend, indemnify and hold harmless Elite Box and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. No Warranty
THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELITE BOX OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ELITE BOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
ELITE BOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ELITE BOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELITE BOX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ELITE BOX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITE BOX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ELITE BOX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ELITE BOX HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ELITE BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elite Box without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A) Governing Law. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.