Terms and Conditions

OVERVIEW

This website is operated by brainbow-kids.com. Throughout the site, the terms “we”, “us” and “our” refer to brainbow-kids.com. This document governs your relationship with brainbow-kids.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”).

By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by brainbow-kids.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Our store is hosted on WordPress. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

A. CERTAIN PRODUCT DISCLAIMERS.

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS.  YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS.  IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

B. Products and Pricing.

All products listed on the Site (“Products”), their descriptions, and their prices are subject to change.  Brainbow reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice.

C. Orders.

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance.  Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason.  We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

D. Payment Terms.

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below).  If you order a subscription to a Product (with a monthly term, or a term of 3 months and 6 months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site.  Your next billing date will be displayed in your Account page next to each of your active Subscriptions. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions.  Please note a subscription to a product (RainbowAdventure, SuperPowerMe) may be switched from one product to another at your request or automatically by us as a convenience to you in the event you have received all available Products for a brand.  If your Subscription is automatically switched from your current product (an “Updated Subscription”) to another product you will be notified via email.  You may decline an Updated Subscription in order to continue receiving Product for your current product by contacting us at support.  Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price.  As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due.  

E. Shipping Policy.

Products will be shipped in accordance with the shipping method and address you stated when placing the order.  Any delivery dates provided by us are estimates. We reserve the rights to make deliveries in instalments. We will send you an email when your order has shipped and you may review your order and shipping information on your Account. Should any unforeseen circumstances affect your delivery, we will notify you of this to the extent permitted by law, however, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. 

F. Cancellation Policy.

For the month to month plan, you will be billed for your first box plus shipping when you subscribe, and then continually billed every month thereafter. You can pause or change your subscription, update payment information, or cancel at any time through your account settings. 

For the 3 and 6 -month plans – you will be billed for the entire subscription and shipping when you subscribe. 

All subscriptions will automatically renew for the same amount of time at the end of each term. You will be automatically billed again for the same subscription plan when your current plan runs out. You can pause or change your subscription, update payment information, or cancel at any time through your account settings or email us at support.

G. Return Policy.

(i) Return Policy.  All subscription Brainbow Box sales are final. We take the utmost care in ensuring the integrity of our products during shipping, but if any item in your box arrives damaged please notify us within 7 days of receipt for return/exchange instructions.

(ii) Exchanges.  We do not accept any Product exchanges.

(iii) Damaged Products.  If the Product arrives damaged we accept returns for a full refund only in accordance with the Return Procedures below.  Please write to us at support, the options are; (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product.  

(iv) Return Procedures for damaged product(iii).  The following sets forth the required “Return Procedures”:  All returns must be made within 14 days after the Product shipment date.  All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at support.  You are solely responsible for the cost of shipping the returned Product.  All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued.

H. Promotions.

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers.  Limit one promotion per ordersupp.