Terms & Conditions
On this page, you’ll find the detailed Terms and Conditions of Banjo Robinson. For help with an existing account, or for help joining Banjo Robinson, contact our team at firstname.lastname@example.org . You can find the specific details regarding your subscription with Banjo Robinson by logging into your account. If you would like to make changes to your account, please use the following functionality within the Account page:
View, amend or cancel existing orders
View, amend personalisation (including delivery address information)
View or amend your account details
View or amend your payment card details
These terms were last updated on September 1, 2018
AGREEMENT TO TERMS AND CONDITIONS
1.1 The website www.banjorobinson.com ("the website") is owned and operated by Tree Climber Publishing Ltd, trading as ‘Banjo Robinson’. References to "we", "us", or "our" are references to Tree Climber Publishing. We are a company registered in England and Wales (10714488), and our registered office and address for correspondence is:
Tree Climber Publishing Ltd.
16 Ovanna Mews
19a Buckingham Road
London N1 4EY
1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.3 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this 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.
2.1 In order to activate your subscription, you must first set up an account and input information into the Personalisation Portal with us by completing the subscription process, purchasing a product, or completing a gift purchase.
2.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that organisation or company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
2.3 When signing up you need to provide your full name a valid and current email address your delivery address your payment card details or Paypal account, information requested in the personalisation portal (if you are activating a subscription).
2.4 When you create an account you are given the opportunity to opt in or out of Banjo Robinson’s marketing emails. If you opt in by checking the checkbox or by leaving it checked you agree to receive direct marketing offers from Banjo Robinson using information provided during the registration process in accordance with GDPR.
2.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account and the personalisation portal is updated regularly with any relevant changes.
2.6 We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms or is otherwise being abused.
2.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately at email@example.com if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
PURCHASE OF SUBSCRIPTIONS and MERCHANDISE
3.1 Except for orders placed on our gift shop or product purchases, when you register an account on the website you will automatically be signed up to receive a regular delivery of our products. No order is accepted from you until our website displays an order confirmation message. You can manage and make changes to your orders at any time in your account section.
3.2 You may submit additional orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
PAYMENTS - SUBSCRIPTION ORDERS
4.1 The price of products is as quoted on the website and includes VAT.
4.2 We take payments by continuous payment authority. You will be charged as follows: One time merchandise will be charged at the time of order only. Automatic 90 day renewals for Banjo Robinson Subscriptions will be charged on the date of order and then auto-renewed following the original 90 day subscription for additional 90 day time-frames. If your payment fails for whatever reason, you will be notified by email and we will retry the payment several times.
4.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.
4.4 We reserve the right to change the fees for any new services for which you have not subscribed at any time. We agree to post notification of new prices and new offers on our website.
4.5 Upon registering, restarting regular deliveries, ordering one off merchandise or changing card details, a £1 payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this against your account balance.
PAYMENTS - NON-SUBSCRIPTION ORDERS
5.1 The prices are shown in GBP and include UK VAT but exclude delivery costs, which will be added to the total amount due.
5.2 Payment must be made through our payment gateway providers at the time of placing your order. Payment in full will be taken at this time. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider. Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order is sent to an incorrect address.
FREE OR DISCOUNTED OFFERS
6.1 From time to time, Tree Climber Publishing may run marketing promotions that entitle new customers to discounts on their first subscription or merchandise, up to and including the full cost of the subscription for a fixed time frame. If you redeem one of these promotions you will be entering a rolling 90 day subscription. You will not receive the first Intro Pack if you decide to cancel the service before your Intro Pack has been dispatched. You must have internet access and valid payment details to redeem a free or discounted offers.
6.2 There is no obligation to continue past your free or discounted subscription, but you will need to cancel future orders before your next billing date, which can be found in your account. Your first letter will ship within 14 working days of the order being placed. The exact shipment date depends on the date of registration and our print fullfilment schedule.
6.3 Free or discount introductory offers apply only to the first account opened per household. It must not be used in connection with multiple accounts created or controlled by the same person. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
6.4 You will be charged the full price for subscriptions after your free or discounted offer. We will continue to bill you by your chosen payment method for the service until you cancel your subscription.
6.5 With the offer to try a subscription for a free time-frame, you can add an additional subscription for siblings.
DELIVERIES AND RETURNS
7.1 Letters are delivered through a standard sized letterbox by your local post. Proof of delivery is not obtained. Actual delivery times may vary for you depending on: our stock availability, your delivery address, when you make your selection, circumstances impacting delivery by the postage service. We reserve the right to use alternative delivery methods without prior notification
7.2 You will not hold us responsible for any delays, outside our control, which relate to the delivery of letters or product.
7.3 It is your responsibility to report all lost or undelivered letters or product within 7 days after dispatch date by email to firstname.lastname@example.org. When a letter or product hasn’t yet been delivered seven days after shipment day and the correct process is followed, a replacement letter or product will be sent.
7.4 If you change address, you must update your personalisation portal in your account to ensure that no letters or product are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any letters or product posted to the wrong location.
7.6 If you are dissatisfied with any product you receive from us, please contact our customer services team on email@example.com. We retain the right to request a return of any faulty goods by recorded delivery, and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
NON SUBSCRIPTION ORDERS
8.1 Non-subscription items are delivered by your local post. Proof of delivery is not obtained, unless deliveries are tracked. Actual delivery times may vary for you depending on:
our stock availability your delivery address your chosen delivery method and when you make your selection circumstances impacting delivery by the postage service. We reserve the right to use alternative delivery methods without prior notification
8.2 You will not hold us responsible for any delays, outside our control, which relate to the delivery of merchandise.
8.3 You may return any item to us for a refund within 14 days of receipt. Refund processing will be at our discretion. The customer must complete the return form available on our website. The item must be returned in its original packaging and condition. All postage costs are the responsibility of the customer.
8.4 Full purchase price of the item(s) returned successfully within 14 days of arrival will be credited to the account that was originally used to purchase the items.
CANCELLATION OF SUBSCRIPTION ORDER
9.1 You can cancel your deliveries from the Manage My Account page. Click on 'Edit / Upgrade / Cancel' and you'll see the option to cancel. Then, click on ‘Cancel Subscription’ and simply follow the steps to cancel future orders. You will continue to receive letters for the paid subscription time-frame and no further charges will be made.
9.2 Once you have received the last letter of your paid subscription we will email you a final goodbye letter and delete all information in your personalisation portal within 30 days.
9.3 We reserve the right to terminate or restrict your use of our service, for any reason. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
9.4 As our subscriptions are made-to-order and personalised, they cannot be returned for any reason unless faulty due to the actions of Tree Climber Publishing or its suppliers.
10.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
10.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
10.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose. You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
10.4 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website. We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
10.5 You are solely responsible for maintaining the confidentiality of your personalisation portal, account and password, for all activity that takes place on your personalisation portal and account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
10.6 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than information provided by the Customer) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org.
AVAILABILITY OF WEBSITE
11.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or are fault free. If a fault occurs in the service, please report it to us and we will correct the fault as soon as we reasonably can. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
12.2. EXTERNAL LINKS
From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites. If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
LIMITATIONS ON LIABILITY
14.1 Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability: for fraud or fraudulent misrepresentation; for death or personal injury caused by our negligence; for 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
14.2 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.
14.3 Subject to clause 11.1, 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.
15.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
ASSIGNMENT BY US
16.1 You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Terms and Conditions.
ACCOUNTS ARE NON-TRANSFERABLE
17.1 Accounts with banjorobinson.com and Tree Climber Publishing are not transferable and therefore cannot be sold or traded.
18.1 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.
19.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
THIRD PARTY RIGHTS
20.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
21.1 Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to email@example.com or write to us at: Tree Climber Publishing, 16 Ovanna Mews, London N1 4EY.