Boeboes Limited - Terms and conditions for the supply of products

Our terms

1. These terms
   1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
   2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
   1. Who we are. We are Boeboes Limited a company registered in England and Wales. Our company registration number is 07760469 and our registered office is at Venture The Promenade, Neyland, Milford Haven, Dyfed, SA73 1QE. We are not currently registered for VAT.
   2. How to contact us. You can contact us by contacting our customer service team by writing to us at theteam@boeboes.co.uk or Boeboes Limited, Unit 1a and 1b Brunel Quay, Neyland, Pembrokeshire, SA73 1PY.
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
   1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or service (as applicable). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
   3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
   4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. We do not deliver to addresses outside the UK, unless we agree otherwise with you in advance of you placing your order with us.
4. Our products
   1. Products may vary slightly from their pictures. We take great care to make sure the descriptions and specifications of our products are correct. However, the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, measurements, weights, capacities, dimensions and measurements indicated on our website may not be exactly accurate. We recommend that you order free fabric samples of your requested fabric before placing an order to ensure the colour and texture is what you require.
   2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
   3. Batch finishes. Finishes are applied to the exterior of some of our goods. Due to the nature of the materials used, finishes may vary. All fabric used for our goods are hand dyed therefore shade variation can occur between different batches. Your sample and final product fabric may be slightly different because of this.
   4. Sunlight damage. When sunlight shines on some of the products, this may change the colour tone of the fabric. Due to the natural nature of some of our fabrics, some products exposed to direct sunlight may fade slightly over time. All of our blinds are lined in blackout linings for extra protection but there is no guarantee this will completely prevent fabrics on the blind from fading in sunlight. We are not responsible for any such damage or fading that may occur to any products.
   5. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our ‘measuring guide’ on our website or by contacting us.
   6. Depending on the size of the blind that you order, it may have seams. This is normally unavoidable because of the standard width that most fabrics are supplied in. Please give us a call if this is a problem and we can discuss further options with you.
   7. Installing a product. If you are installing the product, you are responsible for ensuring that this is done correctly. You can find information and tips on how to install in our ‘installation guide’ on our website or by contacting us. We are not responsible for any damage, loss or injury that may occur as a result of such installation activity. You are responsible for ensuring that the installation is undertaken correctly and safely in all respects.
   8. Stock availability. Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be entitled to end the contract (see clause 8 - Your rights to end the contract).

6. Our rights to make changes
   1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
   2. More significant changes to the products and these terms. In addition, we may make the more significant changes to these terms or the product where such a change affects your use of the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
   1. Delivery costs. No additional costs shall be charged for delivery of the product, unless we tell you otherwise before we dispatch your order.
   2. When we will provide the products.
      1. If the products are goods. If the products are goods, during the order process we will let you know the estimated delivery date when we expect to provide the products to you, which will usually be within 30 days after the day on which we accept your order.
      2. If the products are one-off services. We will agree an estimated completion date with you.
   3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
   4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
   5. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
   6. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply.
   7. When you become responsible for the goods. A product which is a good will be your responsibility from the time we (or our designated carrier) deliver the product to the address you gave us.
   8. When you own goods. You own a product which is goods once we have received payment in full.
   9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your postal address or measurements where you are ordering bespoke product. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information if it is not provided during the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
       1. source more products or materials which may currently be out of stock;
       2. deal with technical problems or make minor technical changes;
       3. update the product to reflect changes in relevant laws and regulatory requirements;
       4. make changes to the product as requested by you or notified by us to you (see clause 6).
   11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days after the estimated delivery date or completion date (as applicable), you may contact us to end the contract and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
   12. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
   1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      3. If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days (see clause 11); or
      5. you have a legal right to end the contract because of something we have done wrong.
   3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note, this right does not apply to bespoke goods that you may order (including those goods which are made to measure or made to your specification).
   4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
      1. bespoke goods that you may order (including those goods which are made to measure or made to your specification), which include without limitation roman blinds;
      2. services, once these have been completed, even if the cancellation period is still running;
      3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      4. any products which become mixed inseparably with other items after their delivery.
   5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      1. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
      2. Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
         1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
         2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
      3. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)
   1. Tell us you want to end the contract. To end the contract with us, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form (See Schedule 1), but it is not obligatory.
   2. To meet any cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
   3. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us with the returns form at [INSERT LINK TO RETURNS FORM]. You must either return the goods in person or post them back to us at Boeboes Limited, Unit 1a and 1b Brunel Quay, Neyland, Pembrokeshire, SA73 1PY. If you are exercising your right to change your mind in accordance with the terms of this contract you must send off the goods within 14 days of telling us you wish to end the contract.
   4. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed;
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

1. How we will refund you. We will refund you the price you paid for the products including delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
2. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
   1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we are of the opinion as a result of your handling of the products they are no longer saleable, no refund shall be given. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   2. Where applicable, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery available.
   3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
   1. If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 3.
   2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
       1. you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
       3. you do not, within a reasonable time, allow us to deliver the products to you;
       4. you do not, within a reasonable time, allow us access to your premises to supply the services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact the customer service team at theteam@boeboes.co.uk or Boeboes Limited, Unit 1a and 1b Brunel Quay, Neyland, Pembrokeshire, SA73 1PY.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

1. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to us at our address above or post them back to us.

12. Price and payment
    1. Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    2. VAT. We are not currently registered for VAT. If we become registered for VAT at any point, we will pass on such VAT charges to you. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment by bank transfer or debit or credit card. Payment can be made by Visa, Mastercard, Amex, Discover, JCB, Maestro, UnionPay or PayPal. You must pay for the products when you place your order. We will charge you for the products at the same time you place your order.
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. Cap on liability. Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the goods or services you purchased.
14. How we may use your personal information
    1. How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
15. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

SCHEDULE 1

Model cancellation form