Terms and Conditions

Updated on 01 July 2024

Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing OUT OF THE BOX BY OLGA DWORNIK, out-of-the-box-kids.com and its sub-domains, affiliated sites, and social media pages and OUT OF THE BOX’s accounts on Facebook, Instagram, LinkedIn, Etsy and Whatsapp. (“Site” / “Sites”).

The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from OUT OF THE BOX BY OLGA DWORNIK, e-mail lists and sequences, templates, contracts, forms, guides, workbooks, website materials, products and tools (“Contents, Products and/or Services”) are owned by OLGA DWORNIK (“We”, “Us” Our”).

These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User,” “You,” and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.

YOUR CONSENT

By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents, Products, and/or Services, you consent and agree to be bound by these Terms.

You further warrant and acknowledge reading these Terms or, at the very least, had the opportunity to read them and chose not to do so.

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you can only access, view, or purchase anything from our Sites with the consent of your parent or guardian.

If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing, or accessing any of our Contents, Products, and/or Services.

RULES THAT APPLY TO OUR SITES

When you use, visit, view, download, purchase from, and/or access our Sites, you agree:

Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate another person’s privacy or legal rights through or on our Sites.
Not to post, upload, distribute, publish, or disseminate any names, materials, or information that is considered inappropriate, defamatory, obscene, unlawful, or indecent.
Not to use our Site in any way that will cause damage to us, our Site, or any of our users.
Not to send unsolicited e-mails to our users.
Not to transmit or post unwanted or unsolicited content to promote or sell your products or services.
Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
Not to transmit, share, download, copy, or post any content that infringes our intellectual property rights and that of other persons.
Not to use any of our Contents, Products, and/or Services to violate any laws or regulations.

We reserve the right to disclose any materials you posted or information you provided on our Sites to comply with any legal or governmental requests.

PERSONAL INFORMATION

To download or purchase our Contents, Products, and/or Services, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information you provide us is governed by our Privacy Policy, which you can access here.

You agree to give only your own complete, accurate, correct, and up-to-date information.

You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.

While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. You do so at your own risk when you share personal information.

USERNAME AND PASSWORD

When you access our membership areas, you will need to create a user account that entails the submission of a username or password. You agree to protect your username and password and keep it confidential.

We reserve the right to terminate your access to any of our Contents, Products and/or Services without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.

DISCLAIMERS

Testimonials, Feedback, and Positive Reviews are but examples

The testimonials, reviews, opinions, and statements presented on our Sites apply to the individuals depicted. They are examples, and there is no guarantee that you will achieve the same results achieved by other Users.

We do not claim that they are typical results that Users achieve. The testimonials are not necessarily representative of all those who use our Content, Services, and/or Products.

The testimonials displayed are verbatim, except for correcting grammatical or typographical errors. Some have been shortened if the testimonial is lengthy or the entire testimonial seems irrelevant to the general public.

Fair Use Notice

We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.

We do not own all our Content, and it is possible that we used Content owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.

If you wish to use copyrighted material from our Site for purposes of your own beyond “fair use,” you must obtain permission from the copyright owner or us.

Product Disclaimer

Actual product color, texture, or size may vary from the images shown on our website. Every monitor or mobile display has a different capability to display colors, textures, or sizes; every individual may see these descriptions differently. In addition, lighting conditions when the photo was taken can affect an image’s color, texture, or size.

The Product Descriptions contained on our Sites may have errors. We do not warrant that the descriptions are accurate, current, or error-free. We cannot guarantee that the color, texture, or size you see accurately portrays the product’s actual color, texture, or size.

Opinions that you find on our Site are those of the authors

The views and opinions expressed on our Site are those of the authors. They do not necessarily reflect the official policy or position of OUT OF THE BOX / OLGA DWORNIK. Any content provided by our guest bloggers, authors, or speakers is their opinion.

Our views or opinions on our Site are personal. Unless explicitly stated, they do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with in a professional or personal capacity.

Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.

We will not be liable for losses, injuries, or damages from the display or use of these opinions.

Our Sites may contain Affiliate Links

Our Sites may include Third Party and Affiliate links. We may earn a commission if you click or purchase something from the said link.

We do not guarantee the safety of any third-party Links found on our Sites. We have no control over and assume no responsibility for the Content, services, products, privacy policies, or practices you find on those third-party links. Proceed at your own risk.

Use your discretion when using products or services we endorse

Once in a while, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Products and/or Services. However, we make no warranties, guarantees, or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.

We do not guarantee or warrant any of our Contents and/or Services

While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents and/or Services and their suitability for any and every purpose.

Our Contents and/or Services are provided “as is” and without an express or implied warranty.

Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose and all warranties arising from a course of performance, course of dealing, or usage in trade.

You alone are Personally Responsible for your Actions

You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from, or accessed our Sites, Contents, and/or Services. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.

You agree that we are not liable to you or any third party

To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents and/or Services, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.

You hereby release, forgive, forever discharge OUT OF THE BOX / OLGA DWORNIK our employees, agents, contractors, and subcontractors, from all claims including those related to personal or business interruptions, misapplication, or information.

You agree that your sole remedy for any claim arising out of your use of our Sites, Contents and/or Services is to cease using them.

WORKING HOURS

Our working hours are from Monday until Friday, from 9:00 AM until 12:00 PM. We do not answer e-mails, messages, or calls outside our working hours. We do not answer e-mails, messages, or calls during Public Holidays and announced Vacation/temporary closure.

PROMPT COMMUNICATIONS

All queries or clarifications from us regarding your order must be promptly responded to within five (5) days from the time we sent the communication.

If we do not get a response, we will send reminder e-mails twice. If we do not receive a reply after the reminder e-mails are dispatched, we will assume that you do not want to proceed with your order and will terminate it immediately. No refunds for any amounts paid will be entertained in case we terminate the services and/or refuse to deliver products, per this provision.

PLACING ORDERS AND ACCEPTANCE

When you complete the booking, we will send you a rental agreement. Upon signing the agreement, you receive an email with payment details. It is your responsibility to pay the rental price and the deposit on time. We will not dispatch the box or reserve it for you until we receive the fee.

Upon payment of the fee, you will receive an email confirming your booking.

PICK UP AND SHIPPING POLICIES

You can either pick-up the box in the address provided to you or we can send it via the Swisspost. We use Swiss-Express Innight services to make sure that you receive the box on time. You accept that we do not have any control over the delivery schedule of shipping carriers.

In case you choose to pick up the box, we will agree on the time of pick-up, on the rental date day. Unless we agree otherwise, the default pick-up time is 9:00 in the morning and the default drop-off time is 17:00 in the afternoon. If you do not arrive at the scheduled time, we reserve our right to cancel the rental contract. You will be refunded only the security deposit, but not the rental fee.

We also reserve the right to cancel the pick-up schedule in case of emergencies and exigent circumstances.

We reserve the right to change delivery and dispatch timelines during peak seasons such as Christmas and Holidays.

RUSH ORDERS

Please contact us first at olga@out-of-the-box-kids.com before placing orders that need to be dispatched sooner than our usual shipping timeline.

PAYMENT TERMS

We accept payment via TWINT, PayPal, or bank transfer.

Unless otherwise provided, all fees must be paid in full before we release any of our products.

In the rare instance that we allow payment of fees through installments, you shall pay according to the fee schedule, or you give us permission to automatically charge the same payment method you used to pay the initial installment. You will receive your receipt via email following your Purchase. This receipt should be retained for your records.

If your payment method is declined, we will give you a grace period of five (5) days to settle your account. After which, we will cancel your order and forfeit any payments initially paid.

We do not entertain, tolerate, or accept threats or actual chargeback from your credit card company placed on your purchase of any of our products or rental of our services.

Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or any other entity for inclusion in any chargeback or delinquent account database.

Our report, which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.

You can only have the report removed by contacting us at olga@out-of-the-box-kids.com and arranging for the payment of any outstanding payment including administrative fees we will impose, of not less than CHF 150.00, to cover the time we spent defending ourselves from your chargeback.

INTERESTS AND REMINDER FEES

In case of non-payment of any fees or charges due, we shall attempt to send reminder e-mails.

We will impose a fee of CHF 20.00 per reminder mail sent on top of the outstanding payments.

We will also impose interest rates in accordance with the prevailing interest rates.

LATE RETURN FEE AND TRANSIT FEE

A late return fee of EIGHT-NINE SWISS FRANKS (CHF 89.00) per day will be charged for each day the Box is not returned after the agreed-upon return date. These fees shall be deducted from the security deposit.

CANCELLATION BY THE CLIENT AND REFUNDS

No refund will be provided for cancellations or early returns except only in cases stated below.

If you cancel your booking more than (14) days before the date of the rental, you will get a full refund. Cancellation between 14 to 7 days before the rental date will warrant the deduction of 50% of the rental fee. No refunds shall be returned if you cancel seven days or less before the rental date. Rather, will provide you with a 10% off voucher for future rental but any amount paid shall be forfeited in our favor if you choose to cancel during this seven (7) day period.

If you have concerns or if there is anything we can do to ensure your satisfaction, please e-mail us at olga@out-of-the-box-kids.com.

SECURITY DEPOSIT

In addition to the rental fee, a security deposit of ONE HUNDRED SWISS FRANCS (CHF 100.00) is required before the Puzzle Box is released to the Renter.

The security deposit will be refunded to the Renter within three business (3) days after the Puzzle Box is returned in good condition, less any deductions for damages, missing items, late fees, or breaches of this Agreement.

We will provide you with an itemized list of any deductions from the security deposit along with the remaining refund amount.

CONTENT SHARING

You may share our Content found on our Sites only after requesting and receiving written authorization from us. You can direct your request at olga@out-of-the-box-kids.com.

Permission shall be conditioned on your agreement to abide by the following terms:

You may only share our content for personal use
You will directly link to our Site or social media account.
You will credit us should you share our content on your blog, Site, social media account, or a third party’s blog, Site, or Social Media Accounts.
You may not represent, claim, or imply that you are in any way associated with OUT OF THE BOX.
You are not allowed to represent or imply that the Content is yours or was created for you.

UNAUTHORIZED USE

If you use any of our Contents, Products and/or Services without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid, or a minimum of CHF 3,000, whichever is higher, in addition to other remedies that we may be entitled to pursue.

PIRACY

In case you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Products or Services, you agree to indemnify, pay and transfer to us all the earnings you gained or will gain through such violations, acts or negligence.

You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.

You likewise agree to indemnify us in the case through your acts or negligence, another person can make use, disseminate, distribute, or share our Contents, Products and/or Services or engage in any act that violates our intellectual property rights, title, or interests.

You recognize that any violation or threatened violation of our Intellectual Property Rights, titles, or interests would cause irreparable injury to our business and reputation, which damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.

TERMINATION

In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms you agreed to with us, we will terminate your use or access to our Sites, our Products, and/or Services, without refund, at our sole discretion and without the need to notify you.

We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.

FORCE MAJEURE

Force Majeure or any circumstance or occurrence beyond our reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, we cannot reasonably perform or execute our obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks or non-performance of our suppliers or any third parties on which we rely on to perform our obligations.

You shall agree to reschedule any appointment/session in case of days considered as an excusable day under this provision. If the force majeure lasts for more than three months, the Parties have the right to withdraw from the contract and cancel any appointment/sessions without incurring liabilities.

MODIFICATION OF SERVICE AND PRICES

We reserve the right to modify our service, descriptions of services and/or products, and prices or discontinue any service, or any part or content thereof without notice to you and at our sole discretion.

We further reserve the right to limit the sales of our services and/or products to any person, geographic region, or jurisdiction.

We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by virtue of any modification, price change, suspension, or discontinuance of our Services and/or Products.

INDEMNIFICATION / HOLD HARMLESS

You agree to indemnify, defend and hold harmless OUT OF THE BOX / OLGA DWORNIK our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of your breach of these Terms or your violation of any law or rights of any third parties.

ASSIGNMENT OF RIGHTS

You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.

NON-DISPARAGEMENT

Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about us, our business, or our services.

COMPLAINTS AND ARBITRATION CLAUSE

If you have any complaints or grievances, contact us first at olga@out-of-the-box-kids.com so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.

If we cannot amicably resolve the dispute on our own, you agree to submit the dispute to a mediation proceeding before resorting to arbitration or litigation. The mediation proceeding shall be held in or nearest Zurich Switzerland only.

In case mediation fails, you agree to submit the dispute to a binding arbitration to occur in or nearest Zurich, Switzerland only.

You agree and hereby waive any right to class arbitration. You further agree to conduct arbitration solely based on your individual claim and/or entirely related to your claims against us.

The arbitral proceedings shall be concluded in English.

You shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.

You hereby understand and agree that you are waiving your right to a jury or trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.

Any award or judgment that the arbitrator issues shall be binding. The only award that can be issued to you is a refund of any payment made to us. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.

NO RELATIONSHIP CREATED

You agree that by using our Contents, Products and/or Services, no joint venture, employment, or agency relationship is created between you and us.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and OUT OF THE BOX/OLGA DWORNIK pertaining to our Sites, Contents, Products, and/or Services. These Terms supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us.

SEVERABILITY

If any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted to best accomplish the objectives and purpose of the whole provision and/or these Terms.

CHANGES TO THESE TERMS

We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.

Any new Contents, Products, and/or Services we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.

CONSENT TO GOVERNING LAW AND JURISDICTION

These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to its conflict of laws rules.

QUESTIONS AND CONCERNS

If you have any questions or concerns regarding these Terms and Conditions, please contact us: olga@out-of-the-box-kids.com