TERMS
&
CONDITIONS
1. Introduction
This document sets out the Terms of Use for this website (“the Site”) and the Terms of Business for the Subscription Box Service (“the service”).
Please read these terms carefully and if you have any questions, don’t hesitate to get in touch.
2. Customer support & contact information
The Family Adventure Pack is owned by The Fantabulous Family, a Limited Company incorporated and registered in England and Wales with company registration number 15542610. Our address is 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom.
Should you need to contact us for any reason, please do so either at our registered address or via email at info@thefantabulousfamily.com.
Our usual business hours are 9am until 5pm, Monday to Friday. Outside of these times responses to any communications may be delayed. Please be aware that as part of the content strategy for our business, social media posts may be uploaded to social channels outside of these hours and so whilst you may see a social presence and engagement we will be unable to respond to emails and enquiries outside of our core business hours.
3. Definitions
In these Terms and Conditions, the following expressions have the following meanings:
- “Subscription” means a subscription you purchase, via the site, for physical goods to be delivered on a regular basis to you or someone designated by you.
- “Subscription Box(es)” means a physical package of curated products that is periodically sent to subscribers at predetermined intervals, in accordance with the subscription plan chosen by the subscriber. The contents of a subscription box may vary with each delivery, and the specifics of the contents, frequency, and pricing will be outlined separately. The term “subscription box” does not solely denote the act of subscribing to a service but specifically refers to the tangible collection of items dispatched as part of this service.
- “User, You, Your” refers to any third party accessing the site or making purchases who is not an employee, consultant, or service provider of The Fantabulous Family Ltd acting in that capacity.
- “The Site” refers to this website (www.thefantabulousfamily.com) and all associated sub domains unless explicitly excluded.
- “We, Us, Our” refer to The Fantabulous Family Limited and all products and services we offer and operate.
4. Privacy policy
Protection of your personal data is important to us. We have a detailed privacy statement which sets out how we handle data. You can read this
here.
5. Terms of use
By visiting www.thefantabulousfamily.com you are consenting to our Terms of Use (as set out below) without modification. If you don’t wish to
accept these terms, please discontinue use immediately.
We reserve the right to amend the Terms of Use and on doing so will update this page.
5a. User criteria
This Site is intended for Users who are 18 years of age or older, residing in the United Kingdom. We do not represent that the content will be available or appropriate in other locations. This Site is written in English, and we do not take responsibility for any translations which are appliedto this Site.
If you are using the site on behalf of any individual or entity, you further represent and warrant that you are authorised to accept these Terms of Use on their behalf.
5b. Site usage
You may only use the site for purposes related to your business with The Fantabulous Family.
You must not copy, share, or disseminate the information on this Site which is subject to copyright for which all rights are reserved. Prohibited actions include data mining, unauthorised access, interfering with site security, and uploading defamatory, obscene, or unlawful content.
In using this Site, you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
You are required to create an account to purchase from our site. To do so you agree to:
- ensure that the details provided by you on registration are correct and complete (“Registration Data”)
- maintain and promptly update the registration data, and any other information you provide to us, so we can communicate with you effectively
- maintain the security of your password.
- notify us immediately of any breach of security connected with your account.
- accept all responsibility for all activities that occur under your account; and
- accept all risks of unauthorised access to the data and any other information you provide.
User accounts are for your personal use only and are non-transferable. We are entitled at any time for any reason and with or without notice to terminate your account on our site. The Fantabulous Family reserve the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the site.
5c. Site operation
This Site is available to view free of charge.
We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.
We do not guarantee that this Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
5d. Service delivery & disclaimers
The content on the Site and any associated social media channels (via @thefantabulousfamily) and email marketing will include information on products and services aimed at helping you do fun activities and adventures with your children and in doing so, creating core childhood memories.
All content is intended for informational purposes only and is provided without any representations or warranties, express or implied.
Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.
Viewing the information on this Site does not constitute a contractual relationship between you and us.
This Site may contain links to other sites. These sites are not under our control, and we cannot be responsible for any actions or events arising
from you following any links from this Site. Links are provided for informational purposes only and should not be interpreted as approval or
endorsement by us.
Any dealings with third parties found through the site, including payment and delivery of goods or services, are solely between you and the third
party. The Fantabulous Family shall not be responsible or liable for any loss, damage, or other matters incurred because of such dealings.
Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.
We reserve the right to alter, suspend, or discontinue the site at any time without notice and bear no liability for unavailability. While we strive for website security, users are responsible for their own security and computer protection. We accept no liability for disruption to or non-availability of the site.
5e. Cookie policy
This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree – to help our Site provide a better user experience.
Cookies do not typically include identifying personal information, but cookies may also be linked to personal information which is stored about you.
We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical / performance cookies or targeting cookies. We have no control over third party cookies.
In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.
Except for essential cookies, all cookies expire within a reasonable period of time.
6. Terms of Business
The terms and conditions set out below apply to your purchase of our services. Please read them carefully as they affect your rights and
liabilities under law and set out the terms under which The Fantabulous Family Limited provide services to you. These terms are subject to any
rights you have under consumer law to which we are bound to, and which cannot be waived.
6a. Services
We offer three subscription box options:
6a.1 Monthly subscription
For this subscription, you purchase a single Family Adventure Pack. You will be subscribed to our monthly offer and will be charged within 48 hours of your renewal date (one month following your initial purchase). However there is no commitment to purchasing further packs and assuming you cancel at least 48 hours before your renewal day you are able to cancel your subscription.
6a.2 Quarterly (Three month) subscription
You purchase three Family Adventure Packs to be delivered once a month over a three-month period. You can choose to pay for all three boxes upfront, or to pay for a box each month, however in both cases you are committing to purchase the full three months worth of boxes.
Your subscription will be automatically renewed for another three months within 48 hours of your renewal date (six months after your initial purchase). There is no commitment to renewing and purchasing further boxes once the initial three months have passed, however you must cancel at least 48 hours before your renewal date to cancel your subscription.
6a.3 Annual (Twelve month) subscription
You purchase twelve Family Adventure Packs to be delivered once a month over a twelve-month period. You can choose to pay for all twelve boxes upfront, or to pay for a box each month, however in both cases you are committing to purchase the full twelve months worth of boxes.
Your subscription will be automatically renewed for another twelve months within 48 hours of your renewal date (twelve months after your initial purchase). There is no commitment to renewing and purchasing further boxes however you must cancel at least 48 hours before your renewal
date to cancel your subscription.
For absolute clarity: For Quarterly (3-month) and Annual (12-month) subscriptions, you are committing to the full subscription period in return you will receive bonus items
and preferential pricing. Early cancellation does not release you from this financial obligation. You will be required to pay for all boxes in your
subscription term, regardless of whether you wish to receive them or not.
6b. Contract
Your order to purchase a subscription constitutes a contractual offer. Upon successful processing of your payment online, you will see an order confirmation page on the site. This confirmation page indicates our acceptance of your order, and a legally binding contract between us is formed at this point. You will receive a detailed subscription confirmation email to the address provided during the ordering process.
6c. Accuracy of information
It is your responsibility to provide accurate and complete information during the order process. If you provide incorrect or incomplete information, you must contact us as soon as possible to rectify the situation. If we are unable to process your order due to inaccurate or incomplete information, we will contact you to request the necessary corrections. We reserve the right to cancel the contract if you fail to provide the requested information within 14 days of our inquiry.
We shall not be held responsible for any delays in your receipt of a subscription box resulting from your failure to provide necessary or requested information.
6d. Introductory offers
Introductory offers are available for one-time use per customer and delivery address.
They are valid only for UK addresses within designated delivery areas and cannot be used with other promotions.
For three and twelve box subscriptions, any introductory discount applies only to the first commitment period which is considered an introductory
period.
Any promotions or discounts applied as a new customer do not transfer or apply to renewal fees.
6e. Subscription renewal
Your subscription will automatically renew for a new period of the same duration as your current subscription (1 month, 3 months, or 12 months) unless you cancel at least 48 hours before the renewal date. The company does not accept responsibility for, or offer refunds for auto-renewals if you fail to cancel your subscription before the renewal date.
To avoid automatic renewal, you must cancel your subscription at least 48 hours before the renewal date. If you do not cancel prior to the renewal date, you will be charged for and committed to the next subscription period, receiving the corresponding Family Adventure Pack(s).
Cancellation requests processed after the renewal date will only take effect at the end of the newly renewed period.
6f. Subscription cancellation
You may cancel your subscription at any time by logging into your account on the site. The cancellation only takes effect at the end of your current subscription period, if you do not cancel before your renewal date, your subscription will automatically renew for another period.
For absolute clarity: Initiating a cancellation does not release you from your commitment to the current subscription period. You will be charged for and receive all boxes remaining in your current subscription period, regardless of when you initiate the cancellation process.
We reserve the right to refuse, at our discretion and for any reason any application to register for our services and any subscription any time.
We may suspend or cancel your registration or subscription with immediate effect for any reasonable purposes.
We reserve the right to cancel any offer and correct any errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, we will issue a refund to your credit/debit card account in the amount of the charge.
The Fantabulous Family does not accept responsibility to cancel your account on your behalf and is not responsible for unwanted renewals or charges due to misunderstanding of these cancellation terms or failure to cancel in time.
6g. Billing & payments
We use Stripe to handle all payments. By using our service, you agree that we can share your payment information with Stripe as necessary to complete transactions and manage your subscription (for more information refer to our Privacy Policy).
Payment must be made using a valid credit or debit card bearing either the MasterCard or Visa symbol. Prepaid credit/debit cards are not accepted.
We offer three types of subscriptions, each with specific payment options:
- Monthly Subscription: Payment is processed every month. Your chosen payment method will be charged prior to the shipping of each subscription pack.
- Quarterly Subscription (Three month minimum commitment): You can choose to either pay the full amount upfront for all six boxes or pay every month for each pack (three payments in total). If paying monthly, your chosen payment method will be charged prior to the shipping of each month’s box.
- Annual Subscription (Twelve month minimum commitment): You can choose to either pay the full amount upfront for all twelve packs or pay every month for each pack (twelve payments in total). If paying every month, your chosen payment method will be charged prior to the shipping of each month’s box.
For all subscription types, the initial payment will be processed at the time of subscription sign-up.
If you choose a payment plan with recurring charges (monthly or pay monthly on longer commitments), subsequent payments will be automatically processed every month on or around the same date as your initial subscription.
If a payment is not successfully processed, we reserve the right to suspend deliveries and/or terminate our agreement with you. In the event of a failed payment, your ability to amend, cancel, or add to your orders via the site may be suspended until payment is arranged. You agree to compensate us for any reasonable costs incurred in obtaining overdue payments.
You are responsible for keeping your payment information up to date. You can update your payment details in the ‘My Account’ section of the site or by contacting us directly. If your payment method is approaching its expiration date and you have an ongoing subscription, you authorise us to continue billing that credit card on file, including extending the expiration date, until notified otherwise.
If you believe we have charged you incorrectly, please contact us at joanna@thefantabulousfamily.com as soon as possible.
You are entitled to cancel a payment where fraudulent use has been made of your payment card by an unauthorised person. In such cases, you should approach your card issuer for a refund.
6h. Pricing
All prices for our products are inclusive of shipping and VAT. Product prices and availability are subject to change without notice. Your subscription price is locked in for the duration of your current subscription period.
We may change our prices for subsequent renewals or new subscriptions. If you do not agree to a price change, you may cancel the contract as described in Subscription Cancellation.
6i. Box contents
The contents of The Family Adventure Pack will vary each month. We will ensure that each pack you receive aligns closely with the description provided to you at the time of signup. We may make minor changes to the contents of the subscription boxes from time to time to reflect changes in relevant laws and regulatory requirements, address technical or security issues, or accommodate product availability. These minor changes will not alter the main characteristics or overall value of the subscription boxes.
In some cases, as described in the relevant content descriptions, we may need to make more significant changes to the subscription boxes. If we do so, we will inform you via email at least 7 days before the changes are due to take effect. If you do not agree to any significant changes, you may cancel your subscription as described in the Subscription Cancellation Section of these Terms.
We guarantee that the contents of each box will meet or exceed the minimum value stated in the product description at the time of your signup. Should a specific item become unavailable, we reserve the right to substitute it with a product of equal or greater value that fits the theme of the
box.
6j. Shipping
We only ship within the UK, excluding Northern Ireland.
Sales for our boxes will cut off on the 15th of each month. We ship boxes around 26th of the month. If you purchase a plan with bonus items, they will be shipped with your first box.
We cannot specify a particular arrival date as this is down to our delivery partners. Standard delivery typically takes 4-5 business days, but this
may vary depending on your location and other factors. Our delivery partner is currently Royal Mail, and they are responsible for the delivery of
all orders.
You are responsible for providing an accurate delivery address. If a delivery attempt fails due to your absence or incorrect address information,
additional charges may apply for redelivery attempts. Any changes to your delivery address must be made before the order deadlines
published on the site.
If you have authorised delivery to a safe place (e.g., a porch, garage, or with a neighbour) and the package is delivered accordingly but
subsequently stolen or damaged, we do not accept liability. Compensation in such cases will be offered at our discretion.
If your box does not arrive within 21 days of your payment renewal date, please contact us. We will investigate and take appropriate action,
which may include dispatching a replacement box or issuing a refund.
Risk of loss and damage passes to you upon delivery. You do not own the products until we have received payment in full.
6k. Return / refund policy
All sales and subscriptions are final, except in cases of defect or damage.
We offer a satisfaction guarantee on your first box. If you’re not completely satisfied, contact us within 14 days to arrange a return. Items must be unused and in their original packaging. Customers are responsible for return shipping costs, except in cases of damaged or defective items.
Once we receive your box and its contents back, we will refund the cost of the box, excluding post and packaging no questions asked. We aim to process refunds within 5-7 business days of receiving your returns.
For subsequent boxes, we’ll gladly replace any damaged or defective items if reported within fourteen days of delivery. We will request that you send a photograph of the product to expedite the process. If we agree that a product is defective or damaged, we’ll ask you to either safely dispose of it or return it to us. We will then offer you the choice of either an exchange or a refund of the individual product price.
We review all other refund requests on a case-by-case basis. Please contact us to initiate a return or for any questions about returns and refunds.
6l. Intellectual property
This Site along with the products and services we offer, all contain intellectual property created and owned by The Fantabulous Family Limited unless otherwise stated.
This Intellectual Property, which is subject to copyright includes:
- all content on the Site. Content means any text, graphics, photographs, audio, and video and extends to the page layouts of this Site
- all content on connected social media channels (@thefantabulousfamily)
- all packaging and documentation received as part of a one of our products.
You may retrieve and view content for personal, non-commercial use only.
You may not use our intellectual property in any other way without our prior written permission.
Should you wish to utilise any of our Intellectual Property please make your request via email to joanna@thefantabulousfamily.com. Should we grant permission, it may be subject to limitations, including but not limited to crediting The Fantabulous Family in your usage.
6m. Disclaimer & limitation of liability
The Fantabulous Family’s liability for any damages arising from the use of The Site or any of our Services shall not exceed the amount of the most recent payment made to us.
All Services are provided “as is” and “as available” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, compatibility, or satisfactory
quality.
We are not liable for losses arising from events beyond our reasonable control, including adverse weather conditions, strike actions, vehicle breakdowns, traffic congestion, or supplier failure.
Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
If any provision of this disclaimer is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
By using our Site or purchasing a plan you acknowledge that you have read, understood, and agree to be bound by this disclaimer.
6n. Indemnification
You agree to defend, indemnify, and hold harmless The Fantabulous Family, its affiliates, licensors, subsidiaries, independent contractors, investors, employees, agents, and third-party information providers against any claims, damages, costs, liabilities, and expenses arising out of or related to any products or services purchased from us, including the contents of your The Family Adventure Pack.
This indemnification extends to any user content that you post, store, or otherwise transmit on or through the site. It also covers your conduct, your use or inability to use the site, and any breach or alleged breach of the site terms or of any representation or warranty contained herein.
You further agree to indemnify against any claims arising from your unauthorised use of The Family Adventure Pack content, or your violation of any rights of another.
This indemnification obligation covers all issues connected to the above-mentioned points and extends to all associated parties of The Fantabulous Family as listed. By using our services, you acknowledge and accept these indemnification terms in full.
6p. Modification to terms of service
The Fantabulous Family reserve the right to change any of the terms and conditions contained in the Terms of Use, Terms of Business and Privacy at any time and in its sole discretion.
Any changes will be effective immediately upon posting on the site.
6q. Jurisdiction & dispute resolution
These terms are governed by English Law. The Courts of England & Wales have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site.