Terra Bella Box Terms of Sale
Effective August 1, 2020
Think Lucky company, and its affiliates (“we,” “us,” “our”) owns and operates Terra Bella Box (as defined below).
YOUR ACCEPTANCE OF TERMS
By accessing or using any part of the Terra Bella Box services or by purchasing a Terra Bella Box product (defined below), you agree to be bound by these Terms of Sale (the “Terra Bella Box Terms of Sale”), the Terms of Service which are incorporated herein by reference (together, the “Agreement”). All capitalized terms that are not defined herein have the meaning specified in the Terms of Service. Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.
MODIFICATION OF TERMS
THINK LUCKY reserves the right, in its sole discretion, to modify the Terra Bella Box Terms at any time by posting a notice on the Terra Bella Box website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of these Terms of Sale as modified.
SERVICES AND PRODUCTS
The term “Services” shall include, without limitation, use of the Terra Bella Box website, purchase of a Box and/or Subscription (each as defined below), including the goods and/or services included therein (each, a “Product”) and any additional goods or services Terra Bella Box performs for you via the Terra Bella Box Services.
Terra Bella Box may change, suspend or discontinue the Services at any time. Terra Bella Box may also impose limits on certain features and services or restrict your access to parts or all of the Services.
CERTAIN CONDITIONS OF SALE
* Subscription. Through the Terra Bella Box subscription program, you may purchase a subscription to receive monthly shipments of curated items and/or single purchase premium edition offerings Terra Bella Box may provide from time to time (each, a “Box”). In addition, Terra Bella Box may offer certain premium edition offerings, which include Special Edition and Gift Collection Boxes that are available for stand-alone purchase. The various subscription types available (each, a “Subscription”), and the pricing for each, are described here: www.terrabellabox.com. Subscriptions are available in a variety of lengths (each, a “Subscription Term”). Your subscription will begin depending on which Box is available for sale at the time of your initial order. For example, in the month of January, either the January Box or February Box will be available for purchase. If you purchase the current month’s Box, your subscription will begin in that current month and your first Box will ship within five (5) to ten (10) business days from your initial purchase. Every subsequent month, your Box will ship by the fifteenth (15th) day of each calendar month. Alternatively, if you purchase a February Box during the month of January, your subscription will begin the month of February, and your first Box will ship by the fifteenth (15th) day of February. After your initial order, Terra Bella Box expects to ship Boxes prior to or on the 15th of each calendar month, or the following business day if the projected shipment date is a holiday. If you have chosen a monthly recurring Subscription type (“Month-to-Month Subscription”), for your first month Terra Bella Box will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent month, you will be charged on the 1st of the month. If you have chosen a Subscription of longer than one month (“Pre-paid Subscription”), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Pre-paid Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with “Renewal” section below.
* Accurate Information. THINK LUCKY will charge the relevant fees for your chosen Terra Bella Box Subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to the twenty-second (22nd) date of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or THINK LUCKY is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you believe you have purchased a Subscription in error, please contact us immediately at firstname.lastname@example.org.
* Pricing. THINK LUCKY reserves the right to change the prices and available Terra Bella Box Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Month-to-Month Subscription is one (1) month. Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
* Renewal; Cancellation. At the end of a Subscription Term, your Subscription will automatically renew for another identical Subscription Term(s), unless you log in to your Terra Bella Box account and cancel your Subscription at any time prior to the twenty-second (22nd) day of the month. For example, should you log in to cancel your Subscription on January 22nd, you will not incur any charges for the month of February, thereby ending your then-current Subscription Term (“Notice Period”). Notwithstanding anything else to the contrary, if you have purchased a Long-Term Subscription as a gift and have designated it as such as allowed by our payment process (a “Gift Subscription”), such Gift Subscription will automatically terminate at the end of its initial Subscription Term.
THINK LUCKY may limit quantities of or cancel Terra Bella Box Subscriptions purchased, and we reserve the right to refuse any order. In the event THINK LUCKY needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
* No Returns; Damaged Product. The contents of each Box are curated by the curators at THINK LUCKY. We do not allow returns or substitutions of anything in your Box. If you receive a Box with damaged or incomplete contents, please contact us at email@example.com within three (3) weeks following shipment of your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product. Should THINK LUCKY decide to honor a return as determined in its sole discretion, the amount you paid for your preferred shipping method will be deducted from your refund amount. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
* Disclaimer of Warranties. Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While THINK LUCKY makes reasonable efforts to ensure that the information on the Terra Bella Box website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Terra Bella Box website and/or contained in your Box. THINK LUCKY makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, THINK LUCKY disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.
* Promotional Codes. THINK LUCKY may, from time to time in its sole discretion, offer certain promotional codes for discounts on Terra Bella Box. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Promotion codes cannot be applied to certain Terra Bella Box premium edition offerings such as Terra Bella Box Special Edition and Gift Collection offerings that THINK LUCKY may provide from time to time in its sole discretion. Lost promotion codes cannot be replaced. Limit one promotion code per customer and only applicable to customer’s first transaction. Such promotion codes will not be applied to subsequent automatically renewed transactions, unless specifically mentioned in promotion code. Promotion codes are void where prohibited. Any promotional program may be terminated or modified by THINK LUCKY at any time in its sole discretion.
WAIT LIST PROGRAM TERMS
During the sign-up process for a Terra Bella Box Subscription you might receive the unfortunate news that Boxes for the next month, or the next few months are already sold out. As a result, we have created the Terra Bella Box Wait List Program. By electing to participate in the Terra Bella BoxWait List Program you will be eligible for the chance to receive a Box for an earlier month. For example, if you sign-up for a Subscription in November and learn that the next available month’s Box is not until February, you may put your name on a Wait List to receive the earlier of a November, December or January Box should one become available. If you do move from the Terra Bella BoxWait List and become an active customer, your purchased Subscription will commence at that time.
By electing to participate in the Terra Bella Box Wait List Program you understand and accept that putting your name on a Terra Bella Box Wait List does not guarantee that you will receive a Box for an earlier month. A Terra Bella Box Wait List may remain active for any length of time and may be closed by THINK LUCKY at any time with or without advance notification to participants. THINK LUCKY makes no representation whatsoever that a Box for any given month may become available. Terra Bella Box Wait List orders will be fulfilled automatically to the extent inventory should become available. Terra Bella Box will alert you by email of the fulfillment of a Box for an earlier month and your account information will be updated to reflect the earlier month’s Box as your first shipment. By placing your name on a Terra Bella Box Wait List, participants agree that THINK LUCKY may fulfill the order and charge the credit card on file at the time of Subscription sign-up, regardless of which month’s Box the participant ultimately receives for such participant’s first month. However, at no time will the month of the first Box that you receive be later than the one posted on the Subscription order page at the time of sign-up.
Should you have any questions regarding these Terra Bella BoxTerms you may contact us at THINK LUCKY, Attn: Terra Bella Box, P.O. Box 4014, Topeka, KS 66604, or by email at firstname.lastname@example.org.