Your box will be delivered to you as quickly as possible. We usually ship subscription boxes via Priority Mail Cubic within the US. Orders containing only a book may be shipped via Media Mail within the US. Subscription orders are shipped between the 5th and 10th of March, June, September, and December. Orders from the Shop (of past items, etc.) are normally shipped within 7 days. If it is possible to combine shipping with an upcoming subscription order, we may do that; if so, we will let you know and refund the extra shipping charges. If you choose the quarterly subscription you are free to cancel at any point after receiving the box. If you pick an annual subscription plan, you must stay committed for the duration of the plan. If you have any questions please email us at cj at phoenixcrate dot com or contact us through the contact form.
Acceptance of Terms of Use
Please read the Terms of Use carefully before you use the Site. By accepting the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. Welcome to the Site of PhoenixCrate.com, operated by Spring Song Press (the “Company”, “we”, “us”, “Phoenix Crate”, or “PhoenixCrate”). The following terms and conditions (collectively, these “Terms of Use”), govern your access to and use of PhoenixCrate.com, including without limitation our quarterly product and gift service (collectively, the “Services”), and include any content, functionality and services offered on or through Phoenix Crate (the “Site”),
By purchasing a Phoenix Crate, you accept and agree to be bound and abide by these Terms of Use.
By accessing, subscribing to Phoenix Crate, or using any Phoenix Crate operated Site or mobile application (or any content, service), (collectively, the “site”), you agree to abide and be bound by the terms described herein.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
Online Purchases and Terms of Sale
To subscribe to any of our subscriptions you are required to enter personal information. All of this information is subject to our Privacy Policy.
Eligibility: This Site is for users who are 18 years of age or older. By agreeing to the Terms of Use, you warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.
Registration: You are required to create an account in order to purchase from our Site.
Subscribing: By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.
Any introductory discount applied on an annual subscription means your first quarter is an introduction month. It also means you have a minimum of another three (3) payments due on your commitment term before you can cancel.
Subscription Renewal: By signing up to a Phoenix Crate subscription, you understand and agree you will be charged at the standard rate and that any promotional codes used as a new customer at signup do not transfer or apply to your renewal fee. The Company does not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1 or 4 quarterly boxes expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL, AND IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
Cancellation: You may cancel your subscription by logging into your account on the Phoenix Crate website at any time. This does not initiate any kind of refund if you fail to cancel before the renewal date.
Your subscription is continuous until you cancel, and if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.
By Phoenix Crate stating you can cancel at anytime this directly refers to the renewal and not your commitment term.
Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire initial commitment period. If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and must pay the one month rate for any box you received a discount on.
You can only cancel after the first box if you select a month to month subscription. An annual subscription is different, and by subscribing to it, you have agreed to stay for the entire subscription period. This policy protects the company from abuse of our discount systems given to new members who want to join up on a new subscription. If you agree to an annual subscription, you need to stay for the full commitment period. Normal quarterly subscriptions can be cancelled at any point.
Phoenix Crate discounts are one per household.
Phoenix Crate is a subscription service; by signing up you agree it is your responsibility to cancel your own subscription by logging into your account profile. The Company does not accept responsibility to cancel your account on your behalf. It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date.
You must cancel your subscription 24 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE, YOU WILL BE CHARGED FOR THAT QUARTER’S SERVICE AND YOU WILL RECEIVE A Phoenix Crate. All cancellation requests received after the renewal date of a calendar month will apply to the following quarter.
Billing & Payments: You will automatically be charged each quarter for your ongoing subscription. If you have committed to a subscription period lasting longer than one quarter (e.g., a two quarter plan, a 1 year plan), you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
Prepaid credit / debit cards are not accepted.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your subscription.
Your Personal Data: Your security is paramount to us. We use a reputable third party called ‘Stripe’ to process all payments, and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third party security breaches. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Shipping: All orders placed on our website are subject to availability. Products will be shipped according to our Site shipping terms. When possible, we will combine shipping on separate orders and refund you the extra.
Loss of Goods: Please track your order online with the tracking number provided and follow up with them regarding delays or failure of delivery. All of this information will be sent to you by email once you have subscribed.
Return / Refund Policy: All sales and subscriptions made on our Site are considered final. The Company has a return policy in line with distance selling laws: if there is a problem or defect with any product delivered by Phoenix Crate we will do our utmost to rectify the problem. If the products have been opened/used we will not accept a return or offer any refund, by subscribing you agree to these terms. Please refer to our FAQ page, or you can contact customer service using our contact form. It is be the customer’s responsibility to cancel the subscription when they want.
Correspondence: We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at any time.
Pricing/Errors: Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, the Company will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto renewed’ on the date advised at sign up is not considered an error liable for refund.
Order Acceptance/Confirmation: We reserve the right at any time after receipt of your order to accept or decline your order. The Company reserves the right to decline sales to any party.
Warranty: You are responsible for deciding if the products you receive are appropriate for you and your family. You agree that the sole solution for any damage arising from using our products will be credited towards your next subscription as decided by Phoenix Crate. We will not offer any compensation under any circumstance.
Customs/Duties/Taxes: If you purchase a Phoenix Crate subscription box or any other Phoenix Crate item from a country other than the United States, then you (or your designated recipient) agree to be the Importer of Record for any and all shipments you receive from Phoenix Crate. This may require the payment of any taxes and/or customs duties imposed by and specific to the regulations of your country. If your home-country decides to impose any taxes or customs-duties on your imported Phoenix Crate product, they may withhold delivery of your product until you have paid these fees. Phoenix Crate bears no responsibility for any fees that arise through the importation of its goods to any country outside of the United States.
Site and Contents Ownership
The Site is owned by Spring Song Press operating as Phoenix Crate. All of the content displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof, is owned or licensed by Phoenix Crate or its third-party image partners. All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
All content is intended for customers of Phoenix Crate. You may not use the Site or for any purpose not related to your business with Phoenix Crate. You are prohibited from: (a) copying or re-transmitting any or all of the Site or content without a written agreement from Phoenix Crate; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Phoenix Crate product or service if you are not authorized to do so; (d) modifying any part of the Site or Phoenix Crate; (e) disabling or interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing or leasing any content without specific written authorization from Phoenix Crate; and (g) using the Site other than for its intended purpose. (h) Additionally, you agree not to use the Site or contents in any manner that could damage the reputation of the company.
Trademarks
All logos, designs and trademark and any other product or service name or slogan contained in the Site are owned by Phoenix Crate and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the company or the applicable trademark holder. In addition, the design of the Site, including all page headers, custom graphics, button icons and scripts, may not be copied, without written permission.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Phoenix Crate shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Interactive Services or Areas
By using any Interactive Areas, you agree not to upload or create or otherwise publish through the Site any of the following: a. Any data, information, text, music, sound, comment, photos, graphics, code or other material (“User Content”) that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; b. Viruses, corrupted data or other harmful, disruptive or destructive files; and c. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
Registration Data and Account Security
By using the Site or subscribing to Phoenix Crate you agree to: (a) provide accurate information about you on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the data and any other information you provide.
Indemnification
You agree to defend Phoenix Crate and its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) issues arising out of or related to anything connected to the contents of your Phoenix Crate. You also agree to defend, indemnify and hold harmless Phoenix Crate, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to anything related to User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Phoenix Crate content, or your violation of any rights of another.
Disclaimer
Phoenix Crate will not be liable for any damages of any kind arising from contents contained within your Phoenix Crate. Phoenix Crate will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online (including social media websites such as Facebook, Instagram etc), by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Limitation of Liability
In no event shall Phoenix Crate, its directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, Phoenix Crate content or the materials contained in or accessed through the site, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Phoenix Crate records or services. You agree total cumulative liability shall not exceed the amount paid to Phoenix Crate for that calendar month in question.
These terms shall be applied under the law of the Commonwealth of, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the Virginia courts.
Termination
Phoenix Crate reserves the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the Site.
Changes to Site Terms
Phoenix Crate reserves the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
You can contact us through the contact form.
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