Card Nest Club Terms and Conditions
1. Agreement to Terms and Conditions
1.1 The website www.cardnest.com ("the website") is owned and operated by CardNest Ltd. We are a company registered in England and Wales with company number 08374802 and a registered office at 1 Denmark Street, Bristol, BS1 5DQ. Our VAT number is 191831986.
1.2 Your use of this website and purchase of any products from Card Nest is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions.
1.3 We reserve the right to change these Terms and Conditions from time to time, with or without notice to you. The Terms and Conditions that are applicable to your use and access of the website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms and conditions were last updated on 12th December 2016.
2. Joining Card Nest Club
2.1 In order to become a member of the Card Nest club you must first register an account with us by completing the signup form on the website.
2.2 To register an account you must be an individual and comply to agree with these Terms and Conditions.
2.3 When signing up you will need to provide to us: your name, your email address, your delivery address, a reasonably secure password and your payment card details.
2.4 It is at our absolute discretion to refuse an application to join us at any time and for any reason whatsoever.
2.5 You are responsible for all purchases and activities that take place on your account. If you notice or suspect that anyone has accessed your account other than yourself you must notify us immediately.
3. Purchase of Nests
3.1 When you sign up to the Card Nest Club you will automatically receive either 3 or 6 greetings cards each month (depending on which plan you signed up for).
3.2 Each month you have the option to select the cards that you receive, however if you don't exercise this option we will send you cards at random from the current month's collection.
3.3 You can choose any card from our online shop that is in stock, and you may choose up to a maximum number of cards permitted by your plan.
3.4 It is at our discretion as to what products are available to add to a Nest and we have the right to withdraw products at any time.
3.5 Each month you have up until midnight on the 26th day to make your choices. At this time it is no longer possible to choose for this month and any empty spaces in your Nest will be assigned with cards from the month's collection.
3.6 You have the option to add more cards to your Nest even if it is full, by paying an additional amount for each additional card. When adding an additional card the website will prompt you whether you wish to accept the additional charges.
3.7 We will attempt to charge your card for your Nests plus any additional cards on the 27th of each month. If the payment fails we will attempt the charge again in 48 hours. If the charge fails again we will cancel your Nest for that month and you will not receive it.
4. Delivery of Nests
4.1 Nests can be delivered worldwide to any country supported by Royal Mail.
4.1 Nests are dispatched on the 1st day of each month. If the 1st falls on a weekend or a UK public bank holiday, then they are dispatched on the next working day. Following dispatch, the delivery times are shown below.
UK: 3-5 working days
Main Europe (EEA + Switzerland): 3-5 working days
Rest of Europe: 3-8 working days
Middle East: 4-8 working days
Central & South America: 5-8 working days
North America: 4-8 working days
Africa & Asia: 5-8 working days
Far East & Australasia: 5-8 working days
Australia: 10-15 days
4.2 Actual delivery times may vary for you depending on: availability of stock, your delivery address, and circumstances affecting delivery by the postal service.
4.3 You will not hold us responsible for any delays outside of our control which relate to the delievery of Nests.
4.4 If your delivery is lost or damaged, it is your responsibility to notify us within 14 days of the expected date of delivery.
4.5 If you change your address you must update your address details in the account section of our website. Please ensure that this is done in time to take effect before you move as you will not be refunded or credited for deliveries posted to the wrong location.
4.6 If in our sole opinion we deem the postal service in your area too unreliable we reserve the right to cancel your account.
4.7 If you are dissatisfied by a product that you receive from us, please contact customer services at firstname.lastname@example.org. We retain the right to request a return of faulty goods by recorded delivery to: Card Nest, 1 Denmark Street, Bristol, BS1 5DQ. If we request recorded delivery then we will pay for the cost of the postage on receiving the postage receipt. If a fault is agreed then a full refund will be given for the returned goods. Nothing in this section affects your stautatory rights.
5.1 You can cancel your membership at any time in the account section of our website. If we have already charged you for the month your cancellation will only take effect for the next month.
5.2 We reserve the right to terminate or restrict the use of our service for any, or no reason whatsoever. We may do this if we believe you have breached any of your obligations under these terms and conditions. In this case such termination would be immediate and may be wihtout notice.
6. Pausing your account
6.1 You can choose to pause your account at any time in the account section of our website.
6.2 You will have the option to specify the number of months that you wish to pause for. While your account is paused we will not make any charges.
6.3 Your account will be automatically reactived at the end of the pausing period and you will continue to be charged in accordance with section 3.
8. Limitation of Liability
8.1 Nothing in this clause 8 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence;
- breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or
- any other liability to the extent the same may not be excluded or limited as a matter of law.
8.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
8.3 Subject to clause 8.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
9. Applicable Law
9.1 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
10. Force Majeure
10.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.