Terms and Conditions

You should read these terms and conditions carefully before buying from us and if necessary we recommend you keep a hard copy for future reference.

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.boab.biz (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1         In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

 

“Delivery Driver”

means a contract for the purchase and sale of Goods, as explained in Clause 8;

means the vehicle driver from Our contracted Transport Company instructed to deliver the Goods to you

“Goods”

means the goods sold by Us through Our Site;

“Order”

means your order for Goods;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

“Transport Company”

 

“Returnable Packaging”

 

 

“Waiting Time”

 

means the reference number for your Order;

means Our appointed Company contracted to make deliveries of Goods at Our instruction;

means (but is not limited to) items of packaging to be returned to Us after delivery of the Goods and includes pallets and crates and other items specifically identified by Us to you 

 

means 15 minutes

“We/Us/Our”

Means BOAB, a company registered in England under 05025675, whose registered address is Unit 4 Willow Court, Bourton Business Park, Bourton on the Water GL52 2HQ.


2. Information About Us

2.1         Our Site, www.boab.biz, is owned and operated by BOAB Ltd, a limited company registered in England under 05025675, whose registered address is Unit 4 Willow Court, Bourton Business Park, Bourton on the Water, GL52 2HQ

3. Access to and Use of Our Site

3.1         Access to Our Site is free of charge.

3.2         It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3         Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4         Use of Our Site is subject to Our Website Terms of Use https://www.boab.biz/terms-of-use.  Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

4.1         The following Goods may only be purchased by consumers above a certain age.  We are not permitted by law to supply these Goods to anyone below the applicable age:

4.1.1         Knives and ‘multi-tools’ may only be purchased by someone aged 18 years or over and will only be delivered to someone aged 18 years or over;

4.1.2         We reserve the right not to accept or cancel any order if We reasonably believe you are not legally entitled to order certain items;

4.1.3         You may be asked to provide evidence of your age which corresponds with the delivery address on your Order before We process your Order;

4.1.4     If requested We will release the details of you order if required by the police or governing authority and We refer you to Our Privacy Policy which can be found at https://www.boab.biz/privacy-policy-cookie-restriction-mode

 

5. International Customers

Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.

6. Goods, Pricing and Availability

6.1         We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

6.1.1         Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

6.1.2         Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary

6.2         Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

6.3         We cannot guarantee that Goods will always be available.  Stock indications are not provided on Our Site.

6.4         Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the goods, suitable information will be provided to you.

6.5         We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).

6.6         All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.

6.7         In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.8         All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6.9         Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to www.boab.biz/orders-and-returns.  Delivery options and related charges will be presented to you as part of the order process.

7. Orders

7.1         Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

7.2         If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

7.3         No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4         Order Confirmations shall contain the following information:

7.4.1         Your Order Number;

7.4.2         Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

7.4.3         Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

7.4.4         Estimated delivery date(s);

7.5         We will also include a paper copy of the Invoice showing Goods, prices and tax with your Goods.

7.6         In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

7.7         Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

8. Payment

8.1         Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.

8.2         We accept the following methods of payment on Our Site:

8.2.1         Credit card

8.2.2         Debit card;

9. Delivery, Risk and Ownership

9.1         All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15). We will not be responsible for delays in delivery or non-delivery should the delivery address be inaccessible or unsuitable for delivery of the Goods and the provisions of Clause 9.9 and its sub-clauses will apply.

9.2         For Goods which are large, heavy or bulky items which must be delivered on pallets, crates or specialist equipment, and for outside UK mainland deliveries, We will provide quotations to you for the cost of the delivery of such items before accepting the order and dispatch. Please note overnight services may not be available for these Goods.

9.3         For Goods which are large or bulky, the delivery driver may require assistance to unload the Goods to satisfy Health and Safety Regulations and to eliminate the risk of damage to the Goods. We will advise you at the time of ordering if such assistance is required. If such assistance is not available at the point of delivery, We may issue an instruction that the Goods cannot be delivered.

9.4         We will notify you at the time of the order if you are required to unload the Goods with a forklift or by other mechanical means, and you will undertake to do so in a safe and workmanlike manner in accordance with the Delivery Driver’s instructions.

9.5         We will not be liable for any loss, injury or damage to property of the Transport Company, the Goods or your machinery or operators where the damage has been caused by a lack of reasonable care during the unloading of the Goods.

9.6         Returnable Packaging will be invoiced to you and refunded after their return to the address specified by Us or by the transport company. The costs and responsibilities associated and incurred in returning the Returnable Packaging is your responsibility. We will credit you within 40 days of receipt of a Returnable Packaging return notice from the transport company. We will advise you of these costs before accepting your order.

9.7         You will inspect the Goods immediately upon delivery. By signing the delivery note, you shall be deemed to have satisfied yourself that the Goods are correct, complete and free from damage. You may request the delivery driver to wait a Waiting Time whilst you inspect the Goods for obvious signs of damage. For larger Goods We will allow a longer inspection than the Waiting Time but not longer than fifteen minutes.

9.8         If you regard the Goods as damaged or any Goods are missing as a result of the transport company’s neglect or poor handling, do not accept the Goods. You should request the delivery driver to return the Goods (at no cost to you) then contact Us as soon as possible to report the damage and explain why you have rejected the Goods. If you fail to do so, We reserve the right to charge to repair, replace, collect or deliver damaged Goods. This does not affect your statutory rights.

9.9         Subject to clause 9.3, if We are unable to deliver the Goods on the delivery date, the following will apply:

9.9.1         If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will attempt to leave a delivery note or contact you directly ourselves explaining how to rearrange delivery. Please note that we will exercise our discretion (as will the Delivery Driver) as to whether it is safe and appropriate to leave your Goods in your nominated safe place. We reserve the right to decline to deliver your Goods if we or the Delivery Driver deem it to be unsafe;

9.9.2         If you do not rearrange delivery within 5 working days, We will contact you to ask you how you wish to proceed.  Depending on the circumstances We may:

9.9.2.1   arrange re-delivery at reasonable cost to you;

9.9.2.2 store the Goods until a new delivery date can be arranged and re-deliver at reasonable cost to you;

9.9.2.3 claim reasonable costs if the Goods are returned to Us;

9.9.2.4 claim reasonable costs if the Goods are damaged or components missing when returned to Us;

9.9.2.5 We will not be held liable for loss, damage or expense for any handling, storage or re-delivery from the transport company.

9.9.3         If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We will invoice you for any reasonable additional cost that We incur in recovering the Goods.

9.10       In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), and if any of the following apply you may treat the Contract as being at an end immediately:

9.10.1      We have refused to deliver your Goods; or

9.10.2      In light of all relevant circumstances, delivery within that time period was essential; or

9.10.3      You told Us when ordering the Goods that delivery within that time period was essential.

9.11       If you do not wish to cancel under sub-Clause 9.10 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.

9.12       If you refuse to accept delivery of the Goods (except under the circumstances in clause 9.8) We retain the right to cancel the Order and refund the purchase price of the Goods less the costs incurred by Us in your failure to accept delivery and fulfil the contract.

9.13       You may cancel all or part of your Order under sub-Clauses 9.10 or 9.11 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 21 days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.

9.14       Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.

9.15       Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).

9.16       Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

9.17       Missing goods or shortages must be reported to Us in writing within 7 days of delivery with reference to the order number, invoice or invoice number with a list of the items you believe are missing.

10. Faulty, Damaged or Incorrect Goods – Business Customers

10.1       The Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.

10.2       If any Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses 10.2.1 to 10.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods.  The following conditions shall apply:

10.2.1      You must give Us written notice of the non-compliance within seven days of discovering it;

10.2.2      You must return the Goods in question to Us at Your expense (see sub-Clause 10.6 for more information concerning the cost of return and reimbursement); and

10.2.3      You must give Us a reasonable opportunity to examine the Goods in question.

10.3       We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:

10.3.1      You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.2.1;

10.3.2      The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;

10.3.3      The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;

10.3.4      You have made any unauthorised alterations or repairs to the affected Goods; or

10.3.5      The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.

10.3.6      The Goods differ from their description of specification as a result of changes made to ensure they comply with application statutory or regulatory requirements.

 

10.4       The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.2.

10.5       Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.

10.6       To return Goods to Us for any reason under this Clause 10, please contact Us at [email protected] to arrange for a collection and return.  You will be responsible for the costs of returning Goods under this Clause 10 and We will reimburse you where appropriate. We will not be responsible for the return costs if the Goods upon return are not found to be faulty, damaged or incorrect.

10.7       Refunds (whether full or partial) under this Clause 10 will be issued within 21 days of the day on which We agree that you are entitled to the refund.

10.8       Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.

10.9       Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.      

10.10    The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11. Faulty, Damaged or Incorrect Goods – for Consumers

11.1       If you are a Consumer, by law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at [email protected]  as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:

11.1.1      Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.

11.1.2      If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement.  We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

11.1.3      If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

11.1.4      If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

11.2       Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14-calendar day cooling-off period within which you can return Goods for this reason.  Please refer to Clause 12 for more details.

11.3       To return Goods to Us for any reason under this Clause 11, please contact Us at [email protected] to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.

11.4       Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

11.5       Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.

11.6       Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.

11.7       For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancelling and Returning Goods if You Change Your Mind

12.1       If you are a consumer in the European Union, and have purchased at distance or off the premises product, i.e by telephone or an internet order, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation. 

12.1.1      If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. 

12.1.2      If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

12.2       If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period.  You may do so in any way you wish, however cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:

12.2.1      Telephone: 01451821305

12.2.2      Email: [email protected]

12.2.3      Post: Unit 4 Willow Court, Bourton Business Park, Bourton on the Water GL54 2HQ

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

12.3       Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

12.3.1      If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

12.3.2      If the Goods are likely to deteriorate quickly, for example flowers or food;

12.3.3      If the Goods have been personalised or custom-made for you.

12.4       Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.

12.5       For larger items which the postal service will not handle, You may request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location. You will be responsible for the cost of the return. If the Goods are not available for collection at the agreed time and location, you will be responsible for any charges We incur with the Transport Company and you will be responsible for any further costs of the return.

12.6       You may return Goods to Us in person during Our business hours of 10:00am – 3:30pm or you may return them by post or another suitable delivery service of your choice to Our returns address at Unit 4 Willow Court, Bourton Business Park, Bourton on the Water GL54 2HQ.  Please contact Us at [email protected]  to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.  If you require more details about return costs, please contact us at [email protected].

12.7       Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:

12.7.1      The day on which We receive the Goods back; or

12.7.2      The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or

12.7.3      If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or

12.7.4      If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

12.8       Refunds under this Clause 12 may be subject to deductions in the following circumstances:

12.8.1      Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

12.8.2      Standard delivery charges will be reimbursed in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.

12.9       Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.

13. Our Liability – Business Customers

13.1       Subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

13.2       Subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total sums paid by you for the Goods under the contract in question.

13.3       Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

13.4       Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

14. Our Liability to Consumers

14.1       We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

14.2       We only supply goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

14.3       Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

14.4       Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. 

15. Events Outside of Our Control (Force Majeure)

15.1       We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

15.2       If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

15.2.1      We will inform you as soon as is reasonably possible;

15.2.2      We will take all reasonable steps to minimise the delay;

15.2.3      To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

15.2.4      We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

15.2.5      If the event outside of Our control continues for more than 90 days. We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled;

15.2.6      If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience Please contact Us directly to cancel, please use the following details:

Telephone: 01451821305

Email: [email protected]

Post: Unit 4 Willow Court, Bourton Business Park, Bourton on the Water GL54 2HQ;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 21 days of the date on which the Contract is cancelled.

16. Communication and Contact Details

16.1       If you wish to contact Us with general questions or complaints or cancellations, you may contact Us by telephone at 01451821305, or by email at [email protected], or by post at Unit 4 Willow Court, Bourton Business Park, Bourton on the Water GL54 2HQ.

17. Complaints and Feedback

17.1       We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

17.2       If you wish to complain about any aspect of your dealings with Us, please contact Us  by email at [email protected].

18. How We Use Your Personal Information (Data Protection)

18.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

18.2       For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.boab.biz/privacy-policy-cookie-restriction-mode and Cookie Policy https://www.boab.biz/cookies

 

19. Other Important Terms

19.1       We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

19.2       You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 

19.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. 

19.4       If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

19.5       No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

19.6       We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 21 days of your cancellation.

20. Law and Jurisdiction

20.1       These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

20.2       If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3       If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4       If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.