CUSTOMER ON-LINE TERMS OF SUPPLY
We [Winstanleys Pramworld] are an independent agent for BOORI UK LIMITED. Your purchase of BOORI product(s) is subject to this agreement between you and BOORI UK LIMITED. Please read this agreement before placing an order for any BOORI products.
This page (together with the documents expressly referred to on it tells you information about BOORI UK LIMITED and the legal terms and conditions ("Terms") on which BOORI UK LIMITED, sell any of the BOORI products ("Products") listed on this website ("this site") to you.
These Terms will apply to any contract between you and BOORI UK LIMITED ("BOORI") for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from this site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it
You should print a copy of these Terms or save them to your computer for future reference.
BOORI may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12 February 2013.
These Terms, and any Contract between us, are only in the English language. References to "we", "us" and "our" below refer to BOORI and NOT to the retailer [Winstanleys Pramworld].
BOORI operate the websites www.boori.co.uk and www.booriurbane.co.uk. Please note that if you are looking at product on a boori.com site such product may not be available from us. We are Boori UK Limited, a company registered in England and Wales under company number 05363317 and with our registered office at Griffins Court, 24-32 London Road, Newbury, Berkshire, United Kingdom, RG14 1JX. Our main trading address is Unit 1 Transigo, Gables Way, Thatcham, RG19 4ZA. Our VAT number is 860311948.
To contact us, please see our Contact Us page
The images of the Products on this site are for illustrative purposes only. Although BOORI have made every effort to display the colours accurately, BOORI cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. We recommend that you visit the retailer's store as they stock our Products and hold wood samples which will give you a better idea of the colour of the Product. This retailer's store(s) is/are at [http://www.pramworld.co.uk/contact-us]. All of our Products are made from wood and therefore colour is variable.
Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a reasonably variable tolerance.
The packaging of the Products may vary from that shown on images on this site.
All Products shown on this site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Your use of this site is governed by [Winstanleys Pramworld's Terms of website use][ and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.]
We only use your personal information in accordance our Data Protection Policy. For details, please see our Data Protection Policy. Please take the time to read these, as they include important terms which apply to you.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
For the steps you need to take to place an order on this site, please see the our Boori brand page [http://www.pramworld.co.uk/brand/boori].
The retailer's order process on this site allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order and confirming that it is accepted. ("Order Confirmation"). (You may also receive an acknowledgement email from the Retailer. This is NOT confirmation that the order has been accepted by us.) The Contract between us will be formed when you receive this Order Confirmation. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8.1 We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you;
8.1.2 changes in relevant laws and regulatory requirements; and
8.1.3 changes in our delivery system.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
Your legal right to cancel a Contract starts from the date of the Order Confirmation which is when the contract between us is formed. If you do not cancel the order before the Products are delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Boori UK Ltd, Unit 1 Transigo, Gables Way, Thatcham, RG19 4ZA. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you:
you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of us collecting the Products from you. We charge for collection of Products [as set out in our website];
you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Your order will be fulfilled by the estimated delivery date set out in our lead time estimates provided on our website and the retailer's website at the time of purchase unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to the delivery company premises, in which case, please contact our delivery company to rearrange delivery. There may be an additional delivery charge to cover costs if you are not available to take delivery after agreeing a delivery date with the delivery company after 1 attempt.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges, if any. No additional charge applies to deliveries on the mainland of England, Wales and Scotland.
We deliver to addresses on mainland England, Wales and Scotland only.
Unfortunately, we do not deliver to addresses outside Great Britain. You may place an order for Products from outside Britain, but this order must be for delivery to an address in mainland Great Britain.
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
It will be clear from the retailer's website whether the price of a Product includes delivery charges.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you [in writing] of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards apart from American Express.
Payment for the Products and all applicable delivery charges is in advance. Details of the delivery charges are set out on the retailer's website.
Some of the Products we sell to you come with a guarantee. For details of the applicable terms and conditions, please refer to the guarantee provided with the Products [and set out on our website at Boori Country Warranty or Boori Urbane Warranty.
If you are a consumer, a guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
For Products which do not have a guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause .2.
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Products in accordance with the user instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers; or
any specification provided by you.
If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
When we refer, in these Terms, to "in writing", this will include e-mail.
If you are a consumer:
To cancel a Contract in accordance with your legal right to do so as set out in clause 9, [you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to Boori UK Ltd, Unit 1 Transigo, Gables Way, Thatcham, RG19 4ZA. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to BOORI UK LIMITED at Unit 1 Transigo, Gables Way, Thatcham, RG19 4ZA. You can always contact us using our Customer Services telephone line 01635 295670.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.