Terms & Conditions
THE SECRET GARDEN EXPERIENCE
STANDARD TERMS AND CONDITIONS
QUICK NAVIGATION
- Agreement to the Terms and Conditions
- Registering with us
- Purchase of The Secret Garden Experience
- Payments
- Gift orders
- Cancellation
- Deliveries and returns
- Website use and digital content license
- Availability of website
- Intellectual property rights
- Privacy
- Limitations on liability
- Applicable Law
- Assignment by Us
- Accounts are Non-Transferable
- No Waiver
- Force Majeure
- Third Party Rights
- Contacting us
WELCOME TO THE SECRET GARDEN EXPERIENCE
CONDITIONS OF SALE
Here you’ll find the detailed Terms and Conditions of The Secret Garden Experience. For help with an existing account, or for help setting up an account and/or redeeming your code for The Secret Garden Experience, please go to our Frequently Asked Questions. If you can’t find the answer there contact support on sales@wizardpresents.co.uk. You can find the specific details regarding your subscription with The Secret Garden Experience including the date your Secret Box box is scheduled to arrive, by logging into your account. If you would like to make changes to your account, use the following links:
These terms were last updated on 25 March 2022.
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AGREEMENT TO THE TERMS AND CONDITIONS
1.1 The website www.thesecretgardenexperience.co.uk (“the website”) is owned and operated by Danyah Miller Storyteller Ltd, formerly known as Wizard Presents. References to “we”, “us”, or “our” are references to Danyah Miller Storyteller Ltd. We are a company registered in England and Wales (company number 1256952), our VAT number is 242 2567 76 and our registered office and address for correspondence is:
8 Fawley Close
Cranleigh
Surrey
GU6 7JP
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.
1.4 In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions. Please also refer to our FAQs for further information.
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REGISTERING WITH US
2.1 In order to purchase The Secret Garden Experience (‘TSGE’) from the website, you must first register to set up an account with us by completing the registration form on the website.
2.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and are held responsible for your order.
2.3 When signing up you need to provide:
your full name
a valid and current email address
your delivery address
your payment card details
2.4 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 us using information provided during the registration process.
2.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
2.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately at sales@wizardpresents.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.
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PURCHASE OF THE SECRET GARDEN EXPERIENCE
3.1 Once an order is placed, either at thesecretgardenexperience.com or via a website of one of the Secret Garden Experience sales partners, oxfordplayhouse.com and watfordpalacetheatre.co.uk. and payment is taken, a Secret Box will be shipped to the address entered into your account up to 7 working days after this date. The exact shipment date depends on the date of registration.
3.2 No order is accepted from you until our website displays an order confirmation message. You can manage and make changes to your orders at any time in your account section. Please see our FAQs for more details.
3.3 You may submit orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting to the order you confirm that you have made any such corrections.
DISCOUNTS & PROMOTIONAL OFFERS
3.4 From time to time, we may run marketing promotions that entitle new customers to discounts on their first purchase or multiple purchases. You must have internet access and valid payment details to redeem your discounted offer.
3.5 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.
3.6 The first episode of the TSGE audio podcast is publicly available free of charge. All other content relating to TSGE is locked and cannot be accessed until a unique code sent upon registration and payment is entered into the customer’s account.
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PAYMENTS
4.1 The price of products is as quoted on the website and includes VAT.
4.2 We take payments by Stripe. Their terms and conditions can be found here: https://stripe.com/payment-terms/legal
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.
4.6 The prices are shown in GBP and include UK VAT and delivery costs.
4.7 Payment must be made through our payment gateway providers at the time of placing your order. Payment in full will be taken at this time. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
4.8 Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order is sent to an incorrect address.
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GIFT ORDERS
5.1 All our usual terms and conditions apply to orders purchased for another person or household. The following terms and conditions will also apply to the purchase and redemption of Gift orders on the TSGE website.
5.2 TSGEs bought as a gift are non-refundable and cannot be replaced if lost or stolen. The code must be redeemed within 6 months of purchase.
5.3 Any TSGE purchased as a gift will be delivered directly to the recipient’s address stipulated in registration. The code to access TSGE is delivered to the chosen recipient at this address in the box. It is the recipient’s responsibility to redeem the code and activate the experience. For more information on how to redeem a code, please refer to our FAQs.
5.4 Before ordering TSGE as a gift, make sure the recipient lives in mainland UK.
5.5. The Secret Box will be shipped to the address entered into your account up to 7 working days after this date. The exact shipment date depends on the date of registration.
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CANCELLATION OF ORDER
6.1 If anything is missing or faulty you can ask for a replacement box or be sent the missing items. Please email sales@wizardpresents.co.uk.
6.2 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.
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DELIVERIES AND RETURNS
7.1 Secret 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
7.2 You will not hold us responsible for any delays relating to the delivery of boxes.
7.3 It is your responsibility to report all lost or undelivered boxes within 14 days after dispatch date by email to sales@wizardpresents.co.uk. When a box hasn’t yet been delivered 14 days after shipment day and the correct process is followed, a replacement box or a full refund will be sent.
7.4 If you change address, you must update your address in your account 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.
7.5 If you are dissatisfied with TSGE, please contact customer services on sales@wizardpresents.co.uk. We retain the right to request a return of any faulty goods for the product to 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.
7.6 You may return any item to us for a refund within 21 days of receipt. Refund processing will be at our discretion. The box must be returned in its original packaging and condition. All postage costs are the responsibility of the customer.
7.7 Full purchase price of the box returned successfully within 21 days of arrival will be credited to the account that was originally used to purchase the items.
7.8 If you wish to purchase a box for someone living overseas please contact the team on sales@wizardpresents.co.uk. The purchaser will be responsible for any additional postage and customs costs.
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WEBSITE USE & DIGITAL CONTENT LICENSE
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 account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
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 sales@wizardpresents.co.uk.
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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 sales@wizardpresents.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.
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INTELLECTUAL PROPERTY RIGHTS
1. WEBSITE
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.
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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.
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PRIVACY
We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.
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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.
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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.
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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.
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ACCOUNTS ARE NON-TRANSFERABLE
Accounts with Danyah Miller Storyteller Ltd are not transferable and therefore cannot be sold or traded.
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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.
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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.
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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.
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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 sales@wizardpresents.co.uk or write to us at: 8 Fawley Close, Cranleigh, Surrey, GU6 7JP