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Moss Box Sale and Rental Agreement
Effective Date: 23 June 2021
Welcome to Moss Box!
Moss Box is an online retail and subscription service that allows members to access an unlimited wardrobe in
order to shop better, wear smarter, and rediscover the fun of fashion. Moss Box allows members to wear the trend
today and return it tomorrow, skipping the commitment of buying a single piece. Moss Box offers diversity and
the flexibility to try new trends from hundreds of styles without the pressure of purchase.
Moss Box is provided by Moss Bros Group Limited (“we,” “our,”
“us,” or “Moss”)
which is registered in England and Wales under company number 00134995 and has its registered office at 8 St
Johns, Clapham Junction, SW11 1SA. The Site and the App are operated, and the Services (as defined below) are
provided, by CaaStle Inc. on behalf of Moss Bros. CaaStle Inc. is registered in Delaware, with its registered
office at 5 Penn Plaza, Fl. 4, New York, NY 10001.
The following Sale and Rental Agreement (“Agreement”) between you and Moss describes the terms
on which you may purchase and rent clothing and accessories (“Products”) from us through the
Moss Box service
Capitalized terms not defined herein shall have the meaning assigned to them in our Terms of Services (“Terms”). The provisions of this
shall, to the extent possible, be interpreted so as to
supplement the Terms and to avoid any conflict between them. In the event of a conflict between this Agreement
and the Terms, the provision that is more protective of Moss shall control.
1. OUR AGREEMENT WITH YOU
Our acceptance of your order for a Product or sign up for a membership (“Order”) will take
place when we email
you to accept it (“Order Confirmation”), at which point a contract will come into existence
between you and
If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the
Product or membership of the Moss Box’s Membership Rental Program (“Membership”), as the case
may be. This
might occur because of unexpected limits on our resources which we could not reasonably plan for, because a
credit reference we have obtained for you does not meet our minimum requirements, because we do not deliver to your address,
or because we have identified an error in the price or description of a Product or Membership.
We will tell you when we accept your Order and start processing your Order.
Our website is solely for the promotion of our Products and Memberships in certain areas of the United Kingdom.
Please note that we only ship Products to addresses in Mainland UK. At this time, we do not ship Products or offer any delivery service to postcodes that begin with GY, JE, or IM (the “Excluded Areas”).
If you wish to make a change to your Order, please contact us. We will let you know if the change is possible.
If it is possible, we will let you know about any changes to the price of the Product or Membership, the timing
of supply or anything else which would be necessary as a result of your requested change and ask you to
confirm whether you wish to proceed with the change. If we cannot make the change or the consequences of
making the change are unacceptable to you, you may want to end the Agreement (see Section 5 and 6 below).
We may make minor changes to our Products or Memberships:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These
changes will not affect your use of the Product or Membership.
We may make more significant changes to these terms or our Products or Memberships, including changes to our fees or other charges.
If we do so, we will notify you, and you may then contact us to end the Agreement before the changes take effect and receive a refund,
or a prorated refund for the remainder of your current applicable Membership Fee. In the case of changes to our fees, we will give you at
least 28 days' notice of any changes and you will have an opportunity to cancel your Order or Membership prior to the change becoming effective.
Products may be rented or purchased for use by individuals under 18 years of age, but only adults may purchase
the Products through a Membership Plan with a payment card or other approved payment method. By agreeing to
this Agreement, you represent that you are 18 years or older and that you are authorized to use the chosen
payment method (including, without limitation, credit cards) for the purpose of purchasing or renting Products
as described in this Agreement.
2. MEMBERSHIP PLAN
A. General Conditions
You may rent Products by subscribing to a Membership and providing a shipping address located in Mainland UK.
You may not rent Products if your shipping address is located in any of the Excluded Areas. Once subscribed to a Membership,
you will be entitled to rent up to a certain number of Products at any time from a range of Products designated on the Services,
in accordance with the terms of the Membership plan for which you are registered (each a “MembershipPlan”).
In addition, as part of your Membership, you will be entitled to an option to purchase certain Products.
Subject to your compliance with this Agreement (including payment of fees), we do not impose any limitations on
the time period during which you may keep any Product we have sent to you through your Membership Plan.
All rental Products are subject to availability, so your preferred choices may not always be available. We
cannot guarantee that your preferred Product(s) will be available, as it could be being rented by another
Products may be rented or purchased for use by individuals 17 years of age or younger, but only adults who are at least 18 years
old may purchase the Products and a Membership Plan with a payment card or other approved payment method.
By agreeing to this Agreement, you represent that you are 18 years or older and that you are
authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of
purchasing Products and a Membership Plan as described in this Agreement.
Your Membership shall continue to run until it is terminated or cancelled in accordance with this Agreement.
In most cases, our customers request that access to the services is provided immediately, however,
if you do not wish the services to begin immediately, please contact our customer service team at
firstname.lastname@example.org or phone our customer service line on 0800 048
8204. You acknowledge that if you request that the Services start immediately, you will lose your right to cancel
the contract once the Services have been fully performed. Please see section 5.D below for more details.
C. Condition; Use of the Products
The Products will be professionally cleaned and delivered ready to wear. We launder, dry clean and inspect
each Product with the utmost care, but use of the Product is at your own risk and, subject to Section 10
below, we shall not be held liable for any health-related complaints associated with any Product.
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are
responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire,
major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor
stains, minor rips, missing beads, stuck zippers or other minor damage covered by the insurance included with your
Membership for applicable Product(s). If you return a Product that is damaged beyond normal wear and tear, as
reasonably determined by us, then you agree that we shall charge you, and you shall pay, for the price of
repairing or replacing the Product, as determined by reference to the retail price of the Product.
D. 30 Day Free Trial
30 Day Free Trial periods are offered at the sole discretion of Moss, and are subject to discontinuation at any
time at Moss’ sole discretion. You must have a valid credit card or debit card and Internet access to register and participate
in the 30 Day Free Trial. Although no payment will be taken at the start of the 30 Day Free Trial, authorization for the applicable
Membership payment following the 30 Day Free Trial will be obtained at the start of the 30 Day Free Trial.
In some cases, your credit card’s available balance or credit limit will be reduced to reflect the authorization;
however, no charges will be made against your credit card if you cancel before the end of your 30 Day Free Trial period.
While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial.
At the end of your 30 Day Free Trial period, Moss will automatically bill your credit card for the next billing period of your Membership.
We will not notify you when your trial period has ended. You can view the date your 30 Day Free Trial ends in the account section
on our site or by visiting your account and looking in the membership details section.
If you or another family member of your household has been a Moss Box member, you are not eligible for the 30
Day Free Trial. We consider your family household not eligible if your credit card account, physical address
or email address have been associated with another active Moss Box account prior to the day of account
creation. Notwithstanding the foregoing, you may be eligible, at Moss’ sole discretion, to participate in
other Moss Box free trial programs and promotions.
IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. Under
consumer law, you are entitled to a fourteen (14) day cooling off period from the date we entered into this Agreement.
This period shall begin on the day your 30 Day Free Trial commences. Please see Section 2.H below to learn more about cancellation.
Moss reserves the right to cancel your 30 Day Free Trial if you, in our sole discretion, violate any terms or conditions of
this Agreement,any provision of the Terms or any applicable law, register or subscribe via deception, forgery, fraud, or commit
any other abuse of the Moss Box 30 Day Free Trial program. Violations of this Agreement or the Terms include, but are not limited to,
creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.
If you subscribe to a Membership, we will charge you a prepaid fee or a monthly fee (the “Membership Fee(s)”).
You will be billed monthly at the then current fee to your payment method on file. The Membership Fee (which
includes VAT) will be the price indicated on the order pages when you subscribe for your Membership. We take
all reasonable care to ensure that the Membership Fee advised to you is correct; however please see Section 1
for what happens if we discover an error in the price of the Membership to which you have subscribed. The
current monthly Membership Fees are set out on the website and are subject to change at our discretion. We
accept payment from the providers listed here.
We take payments by continuous
payment authority. By placing your order for Membership, you authorize us or our third party payment processor
to charge your payment card for the applicable Membership Fees on a monthly or recurring pre-pay basis until
you cancel your Membership. You will be charged monthly on the day that commemorates your Membership purchase.
If your payment fails for any reason, we will notify you by email and we will retry the payment up to three
times. You agree not to hold us responsible for banking charges incurred due to payments on your account. The
Membership Fees include VAT, shipping and limited insurance, covering minor mishaps but not significant
damage, loss or theft. Fees are non-refundable except as expressly set forth in this Agreement. If you fail to
make payment of the Membership Fees, then at our sole discretion, may terminate your Membership or suspend
shipment of Products to you.
F. Returns of Products from Rental Subscription Box
With each shipment of Products we send you, we will include Return Packaging (which will include prepaid
postage), which you shall use to return the Products you are currently renting. All you have to do is securely
package the Products you wish to return in the Return Packaging, affix any returns label and take the parcel
to your local Post Office. We recommend you
request and retain proof of postage. When the Products you have in
your possession have been returned or purchased, we will send your next shipment, which will contain up to the
number of Products returned. If you have modified your Membership Plan, then we will return to you the
appropriate number of available Products permitted by your Membership Plan. We will use commercially
reasonable efforts to send you a new shipment of Products promptly upon processing your return, but you
acknowledge that as a result of processing and delivery, there will be a delay between your return of Products
and receipt of a new Product shipment. You agree to return any Product using appropriate packaging, preferably
using the Return Packaging.
G. Changes to Membership; Termination
We may limit your particular Membership Plan, including but not limited to, restricting orders placed under a
single customer account, payment card, or billing or shipping address. We reserve the right to limit, cancel
or prohibit any Membership Plan or sale or rental (e.g., use) of Products for any reason in our sole
discretion, including but not limited to availability and geographic concerns. We reserve the right to modify
(including the Membership Fee) or terminate your Membership, but if we limit, cancel, prohibit or modify your
Membership, we will notify you and you may then contact us to end the Agreement before the changes take effect
and receive a prorated refund for the remainder of your current applicable Membership Fee. In the case of
changes to our fees, we will give you at least 28 days' notice of any changes and you will have an opportunity
to cancel your Order or Membership prior to the change becoming effective. If we terminate your Membership,
we will provide you with, as determined in our sole discretion, either (i) a prorated refund for the remainder
of your current applicable Membership Fee, or (ii) continued access to Membership for the remainder of that
applicable period, in accordance with this Agreement. However, we will not give any refund for termination
related to conduct that, in our discretion, violates any terms set out in our Terms, this Agreement, FAQ,
Membership Plan, or any applicable law. Prior to the end of that period (or, if we do not provide you with
continued access to Membership, immediately upon our termination of your Membership), you must also return to
us all Products you have received in connection with your Membership without undue delay and in any event
within fourteen (14) days.
H. Cancellation of Membership
Other than in the situation where 1) you are exercising your right to change your mind described in Section
5.C, 2) we terminate or cancel your Membership described in Section 2.G above, or 3) where you cancel due to a
suspension described in Section 2.I below, there are no refunds to a Membership. Your monthly Membership
subscription will be billed monthly. To cancel your Membership, click on the link in your initial Membership
receipt email or reach us at email@example.com
or 0800 048 8204. As soon as you cancel, you will
not be eligible to receive any additional Products through our Services but you are entitled to use the
Products currently in your possession until the end of the currently running Membership subscription month.
You will not be entitled to any refund on Membership Fees you have already paid. You must return to Moss all
Products you have already received through your Membership within seven (7) days of the last day of the
applicable Membership subscription period during which you cancel. If we don't receive the Product(s) on time
and you cannot provide us with proof of posting, you will be charged 75% of the retail price of the
I. Suspension for reasons outside our control
We may have to suspend the supply of a Product to:
deal with technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by you or notified by us to you.
We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is
urgent or an emergency. Where the suspension is short, we will extend your Membership by an amount of time
equivalent to the period of the suspension. Where the suspension is more significant (one month or more),
we will offer you the option of: (i) continuing your Membership, which we will extend by an amount of time
equivalent to the period of the suspension); or (ii) cancelling your Membership, in which case, we will give
you a prorated refund for the remainder of your current applicable Membership Fee.
J. Lost Items
We are not responsible for any items, including personal items, that are left in the Products and returned to
Moss.. If you believe you have accidentally or otherwise sent us any such items, please contact customer
service as soon as possible at firstname.lastname@example.org or
0800 048 8204. Our staff may assist in
attempting to locate such items at your request, but are not obligated to and assume no liability for doing
3. SHIPPING AND RETURN PACKAGING
All Membership deliveries will be delivered through ours shipping partners, which may change from time to time
at our sole discretion. The shipping method used will be at our discretion. We will email you a tracking number
that provides information about estimated delivery and arrival times of Products through the Services.
We will provide you with a pre-paid, pre-addressed Moss Box mailing envelope (as the case may be) for your use in
returning the Products to us (“Return Packaging”). All you have to do is securely package the
Products you wish to return in the Return Packaging, affix any returns label (if not already affixed) and take
the parcel to your local Post Office.
We recommend you request and retain proof of postage. If you lose the Return Packaging, please contact us at
email@example.com to request new Return
Packaging to return your Products.
If no one is available at your address to take delivery and the Product(s) cannot be posted through your letterbox,
our shipping partner will leave you a note telling you how to rearrange delivery or collect the Products from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from a delivery depot,
we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or
re-arrange delivery, we may cancel the Order and charge you reasonable compensation for the net costs we will
incur as a result of your breaking the Agreement. If you have any issues with your delivery, please contact our
Customer Service team. You have legal rights if we deliver any Product(s) late (e.g., more than 30 days after
receipt of confirmation e-mail that we are processing your next box of Products). If we are unreasonably delayed
(e.g., more than 30 days after receipt of confirmation e-mail that we are processing your next box of Products)
in delivering any Product(s), then you may cancel your Membership in accordance with Section 2.H above.
Notwithstanding the foregoing, delivery time for Products you have selected to rent may vary based on (a) availability,
(b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery.
Accordingly, we make no guarantees as to actual delivery time.
If the Product(s) have been delivered to you, you must post them back to us or purchase them. A Product will
be your responsibility from the time we deliver the Product to the address you gave us or you collect it from
us or our carrier or purchase the Product.
A. Dart delivery option
For some Products, we may be able to offer you expedited processing and delivery of your Order for a small
additional fee (“Dart Delivery”), whereby your Order shall be processed within one (1)
business day of
receiving the Member’s request (the “DART Feature”). The availability of Dart Delivery shall
be notified to
you as will the cost of the Dart Delivery. Due to the nature and speed involved with Dart Delivery, once
selected and paid for, we will not be able to amend your Order or provide a refund for the Dart Delivery cost.
4. PURCHASE OPTION
The following Sales Terms will apply where you choose to purchase a Product already in your possession through
A. General Conditions of Purchase Option
Only those Products shown on the Services as available for purchase are eligible for purchase by you. You also
acknowledge that only Members are eligible to purchase Products on the Services. THE PRODUCTS FOR SALE MAY
HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW, AND THEIR CONDITION WILL BE THAT OF A PREVIOUSLY
USED PRODUCT. Although Products are sold on an “as is” basis, this does not affect your legal rights in
relation to Products that are faulty or misdescribed, which are set out at Section 8 below. The images of the
Products on our website are for illustrative purposes only. Although we have made every effort to display the
colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour
of the Products. Your Product may vary slightly from those images. For more information on purchasing or
returning a purchased Product from us, please review our Frequently Asked Questions page at support.mossboxunlimited.co.uk.
B. Purchase Price and Payment
The purchase price (“Purchase Price”) for the Products will be the price of the Product and
any VAT listed on
the Services when you placed your Order. We take all reasonable care to ensure that the Purchase Price advised
to you is correct. However, it is always possible that, despite our best efforts, some Products may be
incorrectly priced. We will normally check Purchase Prices before accepting your Order so that, where the
actual Purchase Price at your order date is less than our stated Purchase Price at your order date, we will
charge the lower amount. If the correct Purchase Price at your order date is higher than the price stated to
you, we will contact you for your instructions before we accept your Order. If we accept and process your
Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a
mispricing, we may end the Agreement, refund you any sums you have paid and require the return of any Products
provided to you. We accept payment from the providers listed here.
Upon your purchase Order for a Product, you authorize us to charge your payment card for the Purchase Price.
We will charge your payment card the amount of the Purchase Price when we dispatch the Product(s) to you,
or if the Product(s) are already in your possession through your Membership Plan, we will charge your
Membership Plan payment card immediately upon your purchase Order. Purchase Prices include VAT.
If the rate of VAT changes between your order date and the date we supply the Product(s),
we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full
before the change in the rate of VAT takes effect.
C. Purchasing Product(s)
All Products available for purchasing by you will already be in your possession at the time of ordering.
As such, the delivery costs of the purchased Product are included in your Membership.
If you wish to make a change to the Product you have ordered, please contact us.
We will let you know if the change is possible. If it is possible, we will let you know about any changes
to the price of the Product, the timing of supply and anything else which would be necessary as a result
of your requested change and ask you to confirm whether you wish to proceed with the change. If we cannot
make the change or the consequences of making the change are unacceptable to you, you may want to end the
Agreement (see Section 5).
D. Returning purchased Products
Where you have bought Product(s), you have 14 days after the day you (or someone you nominate) received the
Product(s), to change your mind about the Product(s) and return the Product(s).
We will pay the costs of return:
if the Product(s) are faulty or misdescribed; and
if you are ending the Agreement because of an error in pricing or description, or because you have a legal
right to do so as a result of something we have done wrong.
In all other circumstances, you must pay the costs of return. We offer a convenient way to return your Product(s).
Simply contact our customer service team to request a returns label, securely package your Products and drop
your return off at your local Post Office.
We recommend you retain proof of postage. You will be charged a £3.25 return delivery fee (inclusive of VAT),
which will be deducted from your refund. Please note that you cannot use the Returns Packaging, which is strictly
for return of rented items only. Should you use the Returns Packaging, we reserve the right to charge you for its use.
Please review Section 7 below for information about how we will process your refund.
5. YOUR RIGHTS TO END THE AGREEMENT
A. You can always end your Agreement with us
Your rights when you end the Agreement will depend on your Order, whether there is anything wrong with it, how
we are performing and when you decide to end the Agreement:
If what you have bought is faulty or misdescribed, you may have a legal right to end the Agreement (or to
get the Product repaired or replaced or a service re-performed or to get some or all of your money back),
see Section 8;
If you want to end the Agreement because of something we have done or have told you we are going to do,
If you have just changed your mind about the Product or Membership, see Section 5.C. You may be able to
a refund if you are within the cooling-off period, but this may be subject to deductions and you will have
pay the costs of return of any Products you have purchased;
In all other cases (if we are not at fault and there is no right to change your mind), see Section 5.F.
B. Ending the Agreement because of something we have done or are going to do
If you are ending an Agreement for a reason set out in (a) to (e) in this Section 5.B, the Agreement will end
immediately, and we will refund you in full for any Product(s) which have not been provided.
You may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the Product(s) or these terms which you do not agree to;
we have told you about an error in the Purchase Price or description of the Product(s) you have ordered
you do not wish to proceed;
there is a risk that supply of the Product(s) may be significantly delayed because of events outside our
we have suspended supply of the Product(s) for technical reasons, or notify you we are going to suspend
them for technical reasons, in each case for a period of more than one month; or
you have a legal right to end the Agreement because of something we have done wrong (including because we
have delivered late).
C. Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online, you have a legal right to change your mind within 14 days (the cooling-off period)
and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
When you don't have the right to change your mind
You do not have a right to change your mind in respect of:
any purchased Product or Membership where the period to change your mind set out in Section 5.E below has expired;
Services, including your Membership, once such Services have been completed, even if the cancellation period is still running.
Normally, our customers request that the Services start immediately. If the Services are completed during the cooling-off period,
then you do not have the right to a full refund. We consider adding 6 garments to the online closet to be completion of the Service.
As such, each customer who requests that the Services start immediately and then fills their online closet with at least 6
garments no longer has the right to a full refund.
E. Periods of time to change your mind
How long you have to change your mind depends on what you have ordered and how it is delivered.
Where you have bought Services, such as a Membership Plan (whether or not including a 30 Day Free Trial
period), you have 14 days after the day we email you to confirm we accept your Order to change your mind.
However, once we have completed the Services, which will occur when you add at least 6 garments to your
online closet, you cannot change your mind, even if the 14-day period is still running. If you cancel
after you have purchased a Membership Plan but before you have added at least 6 garments to your online closet,
you must pay us for the Services provided up until the time you tell us that you have changed your mind.
Where you have bought Product(s), you have 14 days after the day you (or someone you nominate) receives
the Product(s) to change your mind about the Product(s).
F. Ending the Agreement where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind, you can still end the Agreement.
A contract to purchase Product(s) is completed when the Product is in your possession and paid for. Details
about how to cancel your Membership are set out in Section 2.H.
G. Returning Product(s) from rental subscription after ending the Agreement for Services
If you end the Agreement for any reason after Product(s) have been dispatched to you or after you have
received them, you must return them to us. You must post the Product(s) back to us at Moss Box Returns, 6
Dovecote Road, Central Point Logistics Park, Eurocentral, Motherwell United Kingdom ML1 4GP. Please contact
customer service at firstname.lastname@example.org or 0800 048 8204 for a return label if you have not been provided with Return Packaging.
If you are exercising your right to change your mind, you must return the Product(s) within 7 days of the
last day of the applicable Membership subscription period during which you cancel.
Please see Section 2.H for additional details on return of Product(s) where you are cancelling your
Membership. The cost of return is included in your Membership fees.
6. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
A. Tell us you want to end the Agreement
To end any Agreement with us, please let us know by doing one of the following:
To cancel your Membership, you can also click on the link in your initial Membership confirmation email or
complete the form on the Services.
You are welcome to use the Model Cancellation Form set out at the end
of this Agreement, but there is no requirement to do so.
A. How we will refund you
We will refund you the Purchase Price or the Membership Fee (as the case may be) by the method you used for payment.
However, we may make deductions from the Purchase Price or Membership Fee (as the case may be), as described below.
Please note that it may take up to 5 working days for your bank to credit your account. We are not liable and
cannot take responsibility for any bank charges that you may incur during the refund process.
B. Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
When refunding a Purchased Product, if an item is returned to us damaged beyond fair wear and tear
or in an unsaleable or unrentable condition, we have the right to withhold a refund of the Purchase
Price and we may have to send the item back to you and ask you to cover the delivery costs. Alternatively,
we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item.
Normal wear and tear encompasses minor stains, minor rips, missing beads, stuck zippers or other minor
damage covered by the insurance included with your Membership for applicable Product(s). If we refund you
the Purchase Price before we are able to inspect the Product(s) and later discover that you have handled
them in an unacceptable way, we may request that you pay us an appropriate amount.
When refunding a Purchased Product, we may deduct £3.25 from any refund to cover the shipping cost
(including postal fees).
When refunding a Membership Fee, we may deduct from any refund an amount for the supply of the Membership
service for the period for which it was supplied, ending with the time when you told us you had changed your
mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of
When refunding a Membership Fee, we may deduct an amount from any refund if you return a Product that is
damaged beyond normal wear and tear, as reasonably determined by us. The deduction will cover the price of
repairing or replacing the Product, as determined by reference to the retail price of the Product. If the
Membership Fee does not cover the full amount of the price of repairing or replacing the Product, we may
charge you for the outstanding amount.
C. When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind
If you are returning purchased Product(s), your refund will be made within 14 days from the day on which
we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that
you have sent the Product(s) back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your
8. IF THERE IS A PROBLEM WITH A PRODUCT OR YOUR MEMBERSHIP
We are under a legal duty to supply Product(s) that are in conformity with this Agreement. See below for a
summary of your key legal rights in relation to the Product(s). Nothing in these terms will affect your legal
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information
please visit the Citizens Advice website www.adviceguide.org.uk or call
03454 04 05 06.
If your product is a good (for example, clothing), the Consumer Rights Act 2015 says goods must be as described,
fit for purpose and of satisfactory quality.
See also Section 5.C. - Exercising your right to change your mind (Consumer Contracts Regulations 2013)
If your product is a service (for example, your Membership Plan), the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get
some money back if we can't fix it.
If you haven't agreed to a price beforehand, what you're asked to pay must be reasonable.
If you haven't agreed to a time beforehand, it must be carried out within a reasonable time.
See also Section 5.C - Exercising your right to change your mind (Consumer Contracts Regulations 2013).
C. Your obligation to return rejected Product(s)
If you wish to exercise your legal rights to reject Product(s) for being damaged, you must post them back to
us. We will pay the costs of postage. Please call customer services on 0800 048
8204 or write to us at
email@example.com for a return label if
you are returning a Purchased Product. Otherwise, for all rented Products, please use the Return Packaging.
If you need additional Return Packaging, please contact our customer services team.
9. GIFT MEMBERSHIPS
The following additional terms and conditions apply to the sale, use and redemption of Moss Box
electronic-only “digital” gift memberships (collectively, “Gift Memberships”). In addition to
the terms in this Section, the purchase, use, and redemption of Gift Membership are considered part of the
Services subject to the applicable provisions of this Agreement and the Terms.
A. Redemption and Use
Gift Memberships may only be purchased online. If you purchase a Gift Membership, you have 14 days
after the day we email you to confirm we accept your Gift Membership purchase to change your mind.
However, once we have completed the Services, which will occur when the recipient of the Gift Membership
has redeemed the Gift Membership code, you cannot change your mind, even if the 14-day period is still running.
Gift Memberships are redeemable only for eligible prospective and current Members, as determined in accordance
with Section 2 of this Agreement, who have a shipping address located in Mainland UK. See Section 1 above for
a list of Excluded Areas. Limits may apply to Gift Membership redemption and use. A Gift Membership may only
be used towards the Membership Fee and cannot be used to purchase Products or other Gift Memberships. When a
Gift Membership is redeemed and activated, the total value of the Membership will be deducted from the currently
available Gift Membership's balance and your subscription will simultaneously begin. You will not be eligible
for any promotions, offers, or incentives during the Gift Membership period. Unless you cancel your Membership
prior to the expiration of your Gift Membership term, your Membership will automatically renew at the end of
the Gift Membership term, and you will automatically be billed the applicable Membership Fee on a recurring
monthly basis. Your Gift Membership will expire on the date designated in the Gift
Membership notification. Your Gift Membership cannot be paused. The Gift Membership number will be delivered
to the recipient’s email address that the purchaser provides at the time of purchase of the Gift Membership.
Purchaser is responsible for providing an accurate and deliverable recipient email address. The recipient will
usually receive the Gift Membership via email within 24 hours, or on the delivery date the purchaser chooses,
which must occur within ninety (90) days from the purchase date. For assistance with a Gift Membership, please
reach out to customer service at 0800 048 8204 or write to us at firstname.lastname@example.org.
B. Expiration and Fees
The recipient of a Gift Membership will have 12 months to activate their Gift Membership from the date of
purchase (“Activation Period”). Redeeming a Gift Membership is not subject to any
activation fee. Gift Memberships are final and not redeemable, transferable, or exchangeable for cash or
any other similar value (except as required by law). In
the event that a Gift Membership fails to be redeemed within the activation period, no refunds or credit shall
be available and the Gift Membership shall be void. Gift Memberships cannot be reloaded and are not
C. Lost, Stolen, or Damaged Gift Membership; Unauthorized Use
You should treat your Gift Membership like cash and protect it accordingly. Title to and risk of loss for Gift
Memberships passes to the purchaser upon sale. We reserve the right to refuse to accept Gift Memberships that
we believe were fraudulently obtained. We are not responsible if a Gift Membership is lost, stolen, destroyed,
damaged, or used without permission; however, Gift Memberships may be replaced, at our sole discretion, if lost,
stolen or damaged only with proof of purchase and only for the value shown on our records. We are not
responsible if your Gift Membership is used without your permission.
D. Cancellation of Membership
If you cancel your Gift Membership, your account will expire at the end of the Gift Membership term and your
account will be deactivated. After your cancellation request, you'll be able to continue to use the Services
for the remainder of your Gift Membership term. When the Gift Membership term expires, your cancellation will
take effect and you will no longer be able to use the Services.
10. OUR RESPONSIBILITY TO YOU
A. We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable
result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen
(for example, if you discussed it with us during the sales process).
B. We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation
to the Product(s), including the right to receive Product(s), which are: as described and match information
we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any
particular purpose made known to us; supplied with reasonable skill and care; and for defective Product(s)
under the Consumer Protection Act 1987
C. We are not liable for business losses
We only supply the Products and Memberships for domestic and private use. If you use Products or Memberships
for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy
12. OTHER IMPORTANT TERMS
A. We may transfer this Agreement to someone else
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you
in writing if this happens and we will ensure that the transfer will not affect your rights under the
B. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under this Agreement to another person if we agree to such
transfer in writing. We may not agree if this would result in the transfer of a Membership or Gift Membership to a
C. Nobody else has any rights under this Agreement
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
Neither of us will need to get the agreement of any other person in order to end the Agreement or make
any changes to the terms of this Agreement.
D. If a court finds part of this Agreement illegal, the rest will continue in force
Each provision of this Agreement operates separately. If any court or relevant authority decides that
any provision is unlawful or otherwise unenforceable, the remaining provisions will remain in full force and effect.
E. Even if we delay in enforcing this Agreement, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under this Agreement,
or if we delay in taking steps against you in respect of your breaking this Agreement, that will
not mean that you do not have to do those things, and it will not prevent us from taking steps
against you at a later date. For example, if you miss a payment and we do not pursue you for the
missed payment but we continue to provide the Services, we can still require you to make the payment at a later date.
F. Which laws apply to this Agreement and where you may bring legal proceedings
This Agreement is governed by English law and you can bring legal proceedings in respect of
the Product(s) or your Membership in the courts of England and Wales. If you live in Scotland,
you can bring legal proceedings in respect of the Product(s) or your Membership in the courts of Scotland,
England or Wales. If you live in Northern Ireland, you can bring legal proceedings in respect of the Product(s)
or your Membership in either the courts of Northern Ireland, England or Wales.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the Agreement)
To Moss Box by Moss Bros.
I hereby give notice that I want to cancel my contract of sale of the following goods or services (insert
description including order date and date received, if applicable, here):