VA CLUB TERMS AND CONDITIONS
1) In General
The term ‘VA CLUB’ refers to the Services and Goods provided by the VOCLA® subscription service.
The terms ‘VOCLA’, ‘we’, ‘us and ‘our’ refer to VOCLA Limited. VOCLA Limited’s registered office is Unit 2, Tilson Road, Roundthorn Industrial Estate, Manchester, UK, M23 9GF, and whose company registration number is 07910951, registered with the Registrar of Companies for England and Wales.
The terms ‘you’ and ‘your’ refer to the subscriber of the VA CLUB Subscription.
The term ‘Website’ refers to www.VOCLA.com.
VOCLA® may change these VA CLUB Terms and Conditions at any time without prior notice. You should check these terms regularly to take notice of any changes made. Your continued use of the Website and your Subscription to the VA CLUB after any such changes constitutes your acceptance of any new VA CLUB Terms and Conditions.
Where the VA CLUB Terms and Conditions require you to provide written notification to VOCLA®, this can be done by e-mailing email@example.com
2) VA CLUB Subscription
The VA CLUB is a men’s underwear subscription service.
The VA CLUB is available for delivery to the countries listed within the Further Answered Questions on the VA CLUB page of the Website. VOCLA® has the right to change the countries to which the VA CLUB is available at any time, either by way of a temporary suspension or removal of Services. VOCLA® will inform you if this affects you and offer a cancellation or alternative Service.
When you subscribe to the VA CLUB, you will select the number of pairs of underwear, the waist size, the style (jockstrap, brief or boxer) and the frequency (every month or every quarter) that you wish to receive Goods.
The date of the month that you place your initial Subscription will become the date that we take payments for future Subscriptions (your ‘Payment Date’). If your Payment Date is on 31st of a month, payment will be taken on the last day of each month or the date specified within your PayPal Subscriptions account where a recurring payment has been set using PayPal. Your PayPal, credit or debit card details that you specify for your initial Subscription and/or update within your account over time, will become your ‘Payment Method’.
These selections and choices collectively become your ‘Subscription’.
VOCLA® will select underwear for you each month. You will not be aware of what that underwear will be, other than the selections that you have made for your Subscription – the number of pairs, the size and the style.
3) VA CLUB Account
As a subscriber of the VA CLUB, you are provided with an online account (your ‘VA CLUB Account) where you can manage your Subscription at www.VOCLA.com (the ‘Website’).
You can change your Subscription selections within your online VA CLUB Account or by contacting VOCLA®. Changes need to be made prior to your next Payment Date for those changes to take effect.
Access to your VA CLUB Account is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice and for any reason, including access to your VA CLUB Account, which may result in the forfeiture and destruction of all information associated with you. We will not be liable if for any reason your account is unavailable at any time or for any period.
4) Terms of Sale
By creating a Subscription with the VA CLUB, you are offering to purchase Goods and receive Services subject to the following VA CLUB Terms and Conditions.
4.1. Our Contract
When subscribing, you undertake that all details within your VA Account are true and accurate.
When you subscribe, you will receive an acknowledgement e-mail confirming your Subscription.
A contract between us to provide each Subscription, will not be formed until we have received payment in full and as cleared funds for that month’s or quarter’s Subscription.
VOCLA® retains the right to cancel and refund any Subscription for any reason and at any time.
Your Subscription fee along with any postage and packaging costs are detailed on your initial e-mail confirmation of your Subscription and within your VA CLUB Account.
The Subscription fee is inclusive of VAT at the United Kingdom’s rate if delivery of your Subscription is within the United Kingdom. Your Subscription fee does not include VAT, if delivery of your Subscription is outside the United Kingdom and therefore no VAT refund, deduction or reclaim will be made.
Subscription prices are set at the time of your initial Subscription. Prices are subject to change at any time, but VOCLA® we will give you at least 60 days’ notice and offer you the option to cancel your Subscription. Future subscribers may be offered a different price. You may cancel your Subscription and re-start a new Subscription at a new price if you wish.
Your Subscription fee along with any postage and packaging costs is taken as a recurring payment on your Payment Date.
Payment can be taken by any method shown on the Website, but you must possess a valid credit or debit card issued by a bank acceptable to us or a verified PayPal account. You must be the authorized user of the credit card, debit card or PayPal account. You may change the payment method within your VA CLUB Account in advance of your Payment Date.
It is your responsibility to ensure that there are sufficient funds to cover the cost of the Subscription. If your payment method fails for any reason, we will attempt to take payment each week for two weeks following your Payment Date, after which your Subscription will be cancelled or paused.
For debit/credit card payments, you will be e-mailed 7 days prior to a subscription renewal and when your card is due to expire, so this can be updated.
Goods will not be dispatched until payment of cleared funds is received.
4.4. Discount Codes and Promotions
We may from time to time offer promotional discount codes which may apply to the VA CLUB.
The terms and conditions of use relating to any discount code will be specified at the time of issue. VOCLA® reserves the right to vary the terms at any time.
VOCLA® may reject the use of or remove the availability of a discount code at any time and for any reason.
Only one discount code may be used for each purchase. Discount codes do not apply to postage and packaging charges, unless otherwise specified.
Discount codes must be applied at the time and place that they are valid and will not be applied retrospectively after a payment has been taken for Goods or Services.
If a subscription is made using a discount code or any other discount, and the subscription is cancelled before dispatch, VOCLA® reserves the right to not dispatch the subscription box and to refund the subscriber instead, on the basis that this behaviour indicates that the customer had no real intention of subscribing.
First Box Discount
Where a discount is given on the first box, that deal is limited to one use per subscriber. The first box dispatched will be made up from previous months’ subscription products. Therefore, if a current subscriber subscribes to another box, they are likely to receive a product that they have already received.
Once payment has cleared in full, VOCLA® aims to dispatch your Subscription within 3 working days.
Your Subscription will be delivered to the address given on your VA CLUB Account. It is your responsibility to ensure that the delivery address is correct. You can change your address prior to your Payment Date by either contacting VOCLA® or by changing your delivery address within your VA CLUB Account.
Deliveries are only made to locations that can be serviced by the United Kingdom’s Royal Mail and its partners. VOCLA® cannot dispatch parcels to PO Box or drop box addresses. VOCLA® may withdraw delivery services at any time.
Delivery times are not guaranteed and are subject to any delays resulting from postal delays, Customs processing or force majeure for which we will not be responsible, including any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Please refer to the Further Answered Questions section on the VA CLUB Website page for estimated delivery times.
All parcels either have a GPS barcode that is scanned on delivery by the Royal Mail and used to determine the exact location of delivery, a tracking barcode to show the whereabouts of the parcel or a signature service where the recipient signs for acceptance of the parcel. If any of these confirm that a parcel has been delivered and/or signed for receipt on delivery, VOCLA® will not consider the parcel to be lost.
Parcels may be left with a neighbour or can be held at local post offices or postal collection points if the recipient is not available to accept the parcel at the time of delivery.
Tracking details are provided to customers by e-mail when an International tracked service is selected as part of the Subscription. Tracking details are provided by e-mail. It is your responsibility to ensure that the correct e-mail is provided so you can receive the tracking details. VOCLA® cannot be held responsible if e-mails cannot be delivered due to factors outside our control, such as spam filters, firewalls and incorrect e-mail addresses.
Goods are not considered to be lost until after 10 working days for deliveries within the United Kingdom and 20 working days past the expected delivery date for International deliveries, if the tracking shows that the Goods have cleared Customs authorities. If Goods are lost, VOCLA® will check all available tracking details and then send replacement Goods if available. It is the policy of VOCLA® to send replacement Goods if available rather than issue a refund. You must notify us of a missing parcel within 30 days of dispatch. Notification of a missing parcel received after 30 days will be handled at our discretion.
You must tell VOCLA® if a parcel is later delivered that was previously considered to be lost. VOCLA® will consider whether to send a pre-paid mailing bag for you to return those Goods or to re-charge for the Goods.
If you fail to take delivery of the Goods or provided an incorrect or incomplete delivery address which did not allow the Goods to be delivered, we will contact you to re-arrange delivery. You may be charged the additional cost of delivery. At the discretion of VOCLA®, the cost that VOCLA® paid for any postage, may be deducted from any refund.
When ordering Goods from VOCLA® for delivery outside the EU you or the recipient may be subject to import duties, taxes and fees which are levied according to local Customs policies and/or laws. VOCLA® cannot be responsible for the payment of these.
Customs authorities may open and inspect packages.
Customs processing may cause delays to delivery of parcels, of unlimited length. VOCLA® is unable to contact Customs authorities whilst they process a parcel.
4.7. Title and Risk
The ownership of the Goods shall not pass to you until VOCLA® has received cleared funds in full for your Subscription plus all other sums which are due. The Goods are at your risk from the time of delivery.
You have the right to cancel your Subscription at any time prior to your Monthly Payment Date through your online VA Account or by informing VOCLA® in writing.
4.9. Returns and Exchanges
The VA CLUB does not allow returns or exchanges due to the intimate nature of underwear products, for hygiene reasons and because the VA CLUB is based on the premise that you receive mystery underwear selected by VOCLA®, effectively at a discount to the recommended retail price. It is your responsibility to ensure that the selections you make within your VA CLUB Account for size, style and quantity remain appropriate.
In the case of faulty Goods we shall, after receiving written notification of the fault, ask you to return the Goods yourself and refund your reasonable postage costs or alternatively provide you with a pre-paid mailing bag, access to a Tracked Returns Service or pre-paid postage label to return the Goods. If you are able to provide photographic evidence of any fault, we may not then require the Goods to be returned.
In the case of Goods that develop a fault over time, VOCLA® will consider refunds for Goods that were purchased within the last three months.
VOCLA® will provide replacement Goods where available, to replace faulty Goods. If replacement Goods are not available, VOCLA® will either provide an alternative or refund you.
But VOCLA® will not provide replacement Goods or refunds where the washing instructions of Goods have not been correctly followed or where it is considered that there has been unreasonable care or wear and tear.
Any refunds due within 7 days of the Goods being received back or within 7 days of our agreement to refund you. Refunds will be made in the same manner as the original payment.
5) Copyright and Trademarks
The Website and its original content, features and functionality are owned by VOCLA® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The following marks, words and phrases are trademarks belonging to VOCLA Limited. No licence or consent is granted to you to use this mark, word or phrase in any way unless written permission is provided by VOCLA®:
The VOCLA brand logo
The VA brand logo
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The intellectual property rights in all software and content made available to you on or through this Website remain the property of VOCLA® and/or its licensors and are protected by intellectual property and copyright laws and treaties around the world. All such rights are reserved by VOCLA® and its licensors. You may view, download for caching purposes only, and print pages from the Website for your own personal use. However, you are not permitted to publish, distribute, manipulate or otherwise reproduce, duplicate, sell or rent in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the prior written permission of VOCLA®.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by VOCLA® or its licensors.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party Goods, Services and/or locations featured on this Website are in no way associated, linked or affiliated with VOCLA®. Any trademarks featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the Goods and Services and is in no way an assertion that such Goods or Services are endorsed by or connected to VOCLA®.
6) Links to and from this Website
You may link to any page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other website.
We reserve the right to withdraw linking permission without notice. You must remove any link if we request you to do so and we may request you to remove a link at any time and for any reason.
7) Disclaimer of Liability
Information and materials displayed or offered on this Website are provided without any guarantees, conditions or warranties as to its accuracy, timeliness, performance, completeness or suitability. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law, unless expressly stated to the contrary. We shall not be liable for any damages whatsoever arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the liability of VOCLA® which cannot be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You agree to indemnify, defend and hold harmless VOCLA®, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the terms and conditions.
VOCLA® shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the VA CLUB terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the VA CLUB terms and conditions will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these VA CLUB terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these VA CLUB terms and conditions.
12) Governing Law and Jurisdiction
These VA CLUB terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these VA CLUB terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
13) Entire Agreement