TERMS AND CONDITIONS

On this page, you’ll find the detailed Terms and Conditions of Tinkerer. For help with an existing account, or for help joining Tinkerer, please contact our support team. You can find the specific details regarding your subscription with Tinkerer including your next scheduled boxes and make changes to your account, by logging into your account.

These terms were last updated on 5th May 2021.

1. AGREEMENT TO TERMS AND CONDITIONS
   1. The website www.tinkererbox.com ("the website") is owned and operated by Seal Technology (Hong Kong) Ltd, trading as ‘Tinkerer’ and ‘Tinkerer STEAM Box’. References to "we", "us", or "our" are references to Seal Technology (Hong Kong) Ltd. We are a company registered in Hong Kong and our registered office and address for correspondence is:
      Seal Technology (Hong Kong) Ltd.
      Unit F, 7/F, On Ho Industrial Building
      17-19 Shing Wan Road
      Shatin, N.T.
      Hong Kong
   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 our website immediately.
   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.
   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.
2. JOINING US
   1. In order to purchase products or subscriptions from the website, you must first register to set up an account with us by completing the registration form on the website.
   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 be held responsible for your order.
   3. When signing up you need to provide:
      Your full name
      A valid and current email address
      Your delivery and billing address
      Your payment card details
      Name of your child(ren)
      Date of birth of your child(ren)
   4. When you create an account you may be given the opportunity to opt in or out of Tinkerer marketing emails. If you opt in by checking the checkbox or by leaving it checked you agree to receive direct marketing offers from Tinkerer using information provided during the registration process.
   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.
   6. 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.
   7. You are responsible for all activities and purchases that occur under your account. You must notify us immediately at customercare@tinkererbox.com 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.
3. PURCHASE OF SUBSCRIPTION BOXES
   1. After you register an account on the website you will be able to sign up to receive a regular delivery of our products monthly. 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.
   2. 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 the order you confirm that you have made any such corrections. You are given the opportunity to review the box type, delivery date and length of subscription in your account section. With any subscription, you cannot choose the projects that you receive. You can, however, choose specific product lines in our shop.
   3. From time to time, Tinkerer may run marketing promotions that entitle new customers discounts on their first box or boxes, up to and including the full cost of the box. If you redeem one of these promotions you will be entering a auto renewing subscription. You must have internet access and valid payment details to redeem a free or discounted offer.
   4. There is no obligation to continue past your free or discounted subscription period, but you will need to cancel future orders before your next billing date, which can be found by contacting us at customercare@tinkererbox.com. Your first box will usually ship within 3 working days of the order being placed. The exact shipment date depends on the date of registration; you can find the shipment date of your box by logging into your account.
   5. Free or discount introductory offers apply only to the first account opened per household. It must not be used in connection with multiple accounts created or controlled by the same person. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
   6. You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the service until you cancel your subscription.
4. PAYMENTS
   1. SUBSCRIPTION ORDERS
      1. All orders are charged in HKD, prices not shown in HKD are provided according to the latest exchange rates available online and are for reference only. All prices shown are exclusive of delivery costs, which will be added to the total amount due.
      2. We take payments by continuous payment authority. You will be charged as follows: On placing your first order for a Tinkerer subscription you will charged the full price of the subscription plus any shipping charges applicable (i.e. should you sign up for a three month subscription today, you will be charged for three months’ worth of Tinkerer Boxes plus shipping charges for three deliveries on submission of the order). All subscriptions are auto renewing therefore, assuming you have not contacted us to cancel future subscriptions before your current subscription expires, you will be charged for a new subscription on the expiry date of your current subscription.
      3. If your payment fails for whatever reason, you will be notified by email and we will retry the payment several times.
      4. You agree not to hold us responsible for banking charges or any foreign exchange losses incurred due to payments on your account.
      5. We reserve the right to change the fees for any services at any time.
      6. Upon registering, restarting regular deliveries, ordering one off boxes or changing card details, a small payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this against your account balance.
   2. NON-SUBSCRIPTION ORDERS
      1. The prices are shown in HKD but are exclusive of delivery costs, which will be added to the total amount due.
      2. 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.
      3. 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.
      4. You can cancel your deliveries from the Subscriptions page where you'll see the option to cancel. Click on ‘Stop Subscription’ and simply follow the steps to cancel future orders. If you've already paid for your next subscription, that will be the final subscription you receive and no further charges will be made.
      5. 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.
5. DELIVERIES, RETURNS AND REFUNDS
   1. SUBSCRIPTION ORDERS
      1. Subscription boxes are delivered through several logistics providers according to your delivery address and proof of delivery may or may not be available. Actual delivery times may vary for you depending on:
         
         • our stock availability
         • your delivery address
         • when you place your order
         • circumstances impacting delivery by the logistics service. We reserve the right to use alternative delivery methods without prior notification
      2. You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
      3. It is your responsibility to report all lost or undelivered boxes within 14 days after dispatch date by email to customercare@tinkererbox.com. When a box hasn’t yet been delivered 25 days after shipment day and the correct process is followed, a replacement box will be sent.
      4. If you need to change your delivery address, you must update your address in the subscription section of your account to ensure that no boxes are sent out to the wrong 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.
      5. We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
      6. If you are dissatisfied with any product you receive from us, please contact our customer services team on customercare@tinkererbox.com. We retain the right to request a return of any faulty goods by recorded delivery to Unit F, 7/F, On Ho Industrial Building, 17-19 Shing Wan Road, Shatin, N.T., Hong Kong, and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
      7. Except for goods that are faulty or defective, any goods are not refundable or exchangeable after it has been shipped. Goods are considered shipped once they have been posted through the Post Office or has been collected by a third party logistics provider with proof of collection or postage issued.
      8. You can request to cancel a subscription and have a refund issued for the unfulfilled portion of an active subscription by emailing us at customercare@tinkererbox.com to initiate the cancellation and refunding process. The refundable amount will be calculated according clause 5.1.8.1 below.

         1. The refundable amount for the cancellation of an active subscription is calculated as the rate paid at subscription or renewal inclusive of any postage fees paid less the items listed below:

            • Payment for any goods shipped prior to cancellation including any postage fees. Prices for goods shipped will be determined as the full price of their single box equivalents as listed on our website on the date of cancellation.
            • A transaction and administration charge calculated as 10% of the balance of the original rate paid at subscription or renewal inclusive of any postage fees less payment for goods shipped prior to cancellation including postage fees as described above.

         For clarity regarding the calculation of the refundable amount for the cancellation of an active subscription, please see the sample calculation below:

         Assuming a customer paid HK$651 plus a shipping charge of HK$60 for a 3 month Explore subscription and having received two of the subscription boxes (actual boxes received being the Laser Light Show and Roulette Drawer boxes) the customer then decides to contact Tinkerer to cancel the subscription. The refundable amount in this hypothetical scenario will be calculated as follows:

         Rate paid when subscribing (subscription fee $651 + shipping $60)	$711
         LESS: Payment for Laser Light Show Box at full price	($299)
         LESS: Payment for Roulette Drawer box at full price	($255)
         LESS: Shipping for two boxes already received	($40)
         BALANCE OF RATE PAID WHEN SUBSCRIBING LESS PAYMENT FOR GOODS ALREADY SHIPPED INCLUDING SHIPPING	$117
         LESS: Transaction and administration charge (117 X 10%)	($11.7)
         REFUNDABLE AMOUNT	$105.3

      9. As reasonable time is required for the processing of any cancellations, any boxes that are shipped within two business days after we have been contacted to initiate the cancellation process will be treated as shipped prior to cancellation.
   2. NON SUBSCRIPTION ORDERS
      1. Orders are delivered through several logistics providers according to your delivery address and proof of delivery may or may not be available. Actual delivery times may vary for you depending on:
         
         • our stock availability
         • your delivery address
         • when you place your order
         • circumstances impacting delivery by the logistics service. We reserve the right to use alternative delivery methods without prior notification
      2. You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
      3. Except for goods that are faulty or defective, any goods are not refundable or exchangeable after it has been shipped. Goods are considered shipped once they have been posted through the Post Office or has been collected by a third party logistics provider with proof of collection or postage issued.
      4. Any non-subscription orders that have not been shipped can be cancelled and refunded after a transaction and administration charge equivalent to 10% the value of the original order has been deducted.
6. WEBSITE USE
   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.
   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, de-compile 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.
   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.
   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.
   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.
   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.
   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 customercare@tinkererbox.com.
7. AVAILABILITY OF WEBSITE
   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 customercare@tinkererbox.com and we will correct the fault as soon as we reasonably can.
   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; please notify us of changes to your subscription via email at customercare@tinkererbox.com.
8. INTELLECTUAL PROPERTY RIGHTS
   1. WEBSITE
      1. All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks 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 the 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.
   2. EXTERNAL LINKS
      1. 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.
9. PRIVACY
   1. 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.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
    1. We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
    2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
    3. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
    4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
       1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
       2. the unavailability of our site (or any part of it), merchandise or services;
       3. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
       4. any misrepresentation on or relating to our site, the merchandise or the services.
    5. Save as required by law:
       1. we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
       2. we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
    6. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
    7. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
    8. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
    9. WARRANTIES
       1. You represent, warrant and covenant that you will not:
       1. use our site for any fraudulent or unlawful purpose;
       2. use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
       3. interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
       4. transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
       5. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
       6. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
       7. frame or mirror any part of the site without our express prior written consent;
       8. infringe any copyright, design right and intellectual property right in the merchandise.
    10. USER GENERATED CONTENT
        1. When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
        2. You represent, warrant and covenant that:
           1. you have the legal right and authority to grant the licence in clause 10.10.1 above;
           2. you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 10.10.1 above;
           3. by exercising the licence in clause 10.10.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
           4. to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 10.10.1 above;
           5. the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
           6. at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
11. MISCELLANEOUS PROVISIONS
    1. No delay or omission by us to exercise any right or power occurring upon any noncompliance or default by you with respect to any of the terms and conditions shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in these terms and conditions shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
    2. If any term, provision, covenant or condition is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these terms and conditions had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
    3. Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, these terms and conditions are personal to and are made solely for the benefit of the parties to them and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of these terms and conditions are expressly excluded and no terms of these terms and conditions are, or are intended to be, enforceable by any person not being a party to them. Notwithstanding the foregoing in this paragraph, third party rights under these terms and conditions shall be enforceable by us and/or an entity which, as at the time of enforcement, is our direct or indirect wholly-owned subsidiary in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these terms and conditions, or any term of these terms and conditions, are not subject to the consent of any third party (including us and/or any of the wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings as in section 15 of the Companies Ordinance (Chapter 622) as amended from time to time.
    4. APPLICABLE LAW
       1. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the courts of Hong Kong.
    5. In the case of any discrepancy between the English version and any other translated version of these Terms and Conditions, the English version shall prevail.
    6. ASSIGNMENT BY US
       1. 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.
    7. ACCOUNTS ARE NON-TRANSFERABLE
       1. Accounts with Tinkerer are not transferable and therefore cannot be sold or traded.