Membership Terms & Conditions
Terms & Conditions
WELCOME TO THE WOW CLUB MEMBERSHIP
On this page, you’ll find the detailed Terms and Conditions of The WOW Club Membership. For help with an existing subscription, or for help joining The WOW Club, please refer to our FAQ’s.
To contact the team at The WOW Club, email help@theWOWclub.co.uk, call 0113 257 5750 or write to us at Rainbow Factory, 25-26, Pegholme, Wharfebank Mills, Ilkley Road, Otley, LS21 3JP
These terms were last updated on 1st May 2021.
Agreement to the Terms and Conditions
Purchase of Subscription Boxes
Cancellation of subscription order
Deliveries and returns
Dissatisfied with order
Availability of website
Intellectual property rights
Limitations on liability
Assignment by Us
Accounts are Non-Transferable
Third Party Rights
1. AGREEMENT TO THE TERMS AND CONDITIONS
1.1 The website www.theWOWclub.co.uk (“the website”) is owned and operated by Rainbow Factory Kids Company Ltd, trading as both Rainbow Factory and The WOW Club Membership. References to “we”, “us”, or “our” are references to Rainbow Factory Kids Company Ltd. We are a company registered in England and Wales (company number 09004453), our VAT number is 205194138 and our registered office and address for correspondence is:
Rainbow Factory,25-26, Pegholme, Wharfebank Mills, Ilkley Road, Otley, LS21 3JP
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 this 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. JOINING US
2.1 When signing up you need to provide:
Your full name
A valid and current email address
Your delivery address
Your contact number (preferably mobile)
Your payment card details
The full name of your child(ren)
The date of birth of your child(ren)
2.2 When you create an account you are given the opportunity to opt in or out of our marketing emails. If you opt in by checking the checkbox or by leaving it checked, you agree to receive direct marketing offers from The WOW Club using information provided during the registration process. However, any necessary communications important to the subscription will be emailed no matter if you have opted in or out.
2.3 You warrant that all information you provide to us when registering to The WOW Club Membership is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
2.4 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.
2.5 You are responsible for all activities and purchases that occur under your account. You must notify us immediately at help@theWOWClub.co.uk 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.
3. PURCHASE OF THE WOW CLUB MEMBERSHIP
3.1 The WOW Club is an Annual Membership (12 Months). When you register to purchase a membership from the website, this will automatically renew as Monthly Membership unless you have purchased the Annual Membership up front (Prepaid Membership). Boxes are delivered every school holiday, however access to all online community platforms are available at all times.
3.2 If you order a Prepaid Membership that automatically renews, you agree to pay the applicable product price and delivery fees upon each automatic renewal date, until you terminate your Membership in accordance with these Terms and Conditions. Please also note that if your Membership includes a discounted product price for the duration of the Prepaid Subscription, once the period expires, your Membership will automatically renew at the full Monthly product price unless otherwise agreed.
3.3 No order is accepted from you until our website displays an order confirmation message.
DISCOUNTED OFFERS FOR SUBSCRIPTION BOXES
3.4 From time to time, The WOW Club Membership (or Rainbow Factory) may run marketing promotions that entitle new customers to discounts. You must have internet access and valid payment details to redeem your discounted offer.
3.5 Discounted introductory offers apply to one person per household. It must not be used in connection with multiple memberships created or controlled by the same person unless they are being purchased on behalf of someone else such as family members.
4.1 The price of products is as quoted on the website and includes VAT.
4.2 We take payments by continuous payment authority via our payment partner; Stripe. You will be charged each month based on the date you subscribe.
4.3 If your payment fails for whatever reason, you will be notified by email and we will retry the payment up to 3 times.
4.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.
4.5 We reserve the right to change the fees for any services at any time. We agree to notify you at least 28 days in advance of any change in fees.
5. CANCELLATION OF SUBSCRIPTION ORDER
5.1 This is an annual membership and only after the 12 months can you cancel your monthly membership, unless you have paid in full as a Prepaid Membership.
5.2 You cannot cancel your Prepaid Membership mid-term. You can cancel the automatic renewal of the Prepaid Membership at any time. If discontinue your Prepaid Membership and have not yet finished your Prepaid Membership term, outstanding boxes within the Prepaid Membership will be delivered as usual, but your membership will not be automatically renewed.
5.3 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.
5.4 As all our boxes in all The WOW Club are made-to-order and personalised, they cannot be returned for any reason unless faulty.
6. DELIVERIES AND RETURNS
6.1 Boxes 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
6.2 You will not hold us responsible for any delays relating to the delivery of boxes.
6.3 It is your responsibility to report all lost or undelivered boxes within 7 days after dispatch date by email to help@theWOWClub.co.uk. When a box hasn’t yet been delivered seven days after shipment day and the correct process is followed, a replacement box will be sent.
6.4 If you change address, you must update your address with us immediately, by emailing email@example.com, to ensure that boxes are sent to the correct address. Please ensure this is done in time to take effect before you move as you will not be refunded for any boxes posted to the wrong location.
6.5 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
7. DISSATISFIED WITH PRODUCT
7.1 If you are dissatisfied with any product you receive from us, please contact our customer services team on help@theWOWClub.co.uk . We retain the right to request a return of any faulty goods 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.
8. WEBSITE USE
8.1 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.
8.2 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, decompile 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.
8.3 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.
8.4 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.
8.5 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.
8.6 You are solely responsible for maintaining the confidentiality of your subscription.
8.7 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 help@theWOWclub.co.uk
9. AVAILABILITY OF WEBSITE
9.1 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 at help@theWOWclub.co.uk and we will correct the fault as soon as we reasonably can.
9.2 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; please notify us of changes to your subscription via email at help@theWOWclub.co.uk
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trademarks 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 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.
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.
12. LIMITATIONS ON LIABILITY
12.1 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
12.2 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.
12.3 Subject to clause 12.1, in no event shall we be liable to you for any business losses. Any liability we 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.
13. APPLICABLE LAW
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
14. ASSIGNMENT BY US
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.
15. MEMBERSHIPS ARE NON-TRANSFERABLE
Subscriptions with The WOW Club on behalf of the Rainbow Factory Kids Company Ltd are not transferable and therefore cannot be sold or traded, unless otherwise agreed with us.
16. NO WAIVER
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.
17. FORCE MAJEURE
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.
18. THIRD PARTY RIGHTS
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.
19. CONTACTING US
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to help@theWOWclub.co.uk or write to us at: Rainbow Factory, 25-26, Pegholme, Wharfebank Mills, Otley, LS21 3JP.