Terms & Conditions
PLEASE BE AWARE THAT DURING THE SALE WE CANNOT OFFER OUR USUAL REFUND OR EXCHANGE SERVICE.
This page sets out the conditions relating to the sale of products by Boo-Online on the Boo-Online website and online store, referred to as Boo-Online.com.
The following are terms of a legal agreement between you and Boo-Online. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this web site.
1. Application of these conditions of use
By accessing or using any part of the Boo-Online website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you should not access or use Boo-Online's website.
We may change these conditions at any time without any notice to you. By your continued access and use of the Boo-Online website you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Returns Policy
Our Returns Policy applies to all products purchased from us. Customers in the European Union are entitled to a statutory cooling-off period of seven business days from receipt of the goods. We regret that we cannot accept cancellations of contracts for the purchase of video, DVD, audio, video games and software products where the item has been unsealed. Also, the cooling-off period does not apply to the Giftwrapping or Card element of any purchase.
To cancel your purchase within the seven-working-day cooling-off period, please package the relevant item(s) securely and send it to us with the delivery slip so that we receive it within seven working days of the day after the date that the item was delivered to you.
The return address is:
Boo-Online
140 High Street,
Boston Spa
West Yorkshire LS23 6BW
United Kingdom
For your protection, we recommend that you use a recorded delivery service if the value of the return is more than £50 sterling.
Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost.
You should be aware that once we begin the delivery process you will not be able to cancel any contract you have with us for additional services carried out by us (eg: gift wrapping).
As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item together with the item's normal postage charge--we cannot refund any priority, express or courier component of the postage charge, or any giftwrapping or card element of the total price. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at:
http://www.dti.gov.uk/consumers/Fact Sheets/page24635.html
3. Copyright and database right
Except where otherwise noted, Boo-Online owns legally and beneficially all the intellectual property rights in the content of all the Boo-Online web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed.
4. Trademarks
All trademarks, product names and company names or logos cited anywhere on the Boo-Online website are the property of their respective owners.
5. Permitted uses
No materials from the Boo-Online websitemay be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
6. Disclaimer of representations and warranties
The Boo-Online website is provided by Boo-Online on an "as is" and "as and when available" basis to users. You use the website at your own risk.
Boo-Online and its associated content provider organisations make considerable efforts to make information made available via the Boo-Online website as accurate as possible but no warranty or fitness is implied.
Neither Boo-Online nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either expressly or implied:
- That the Boo-Online website and online store will be uninterrupted or error-free;
- That the Boo-Online website and online store or the computer server from which the Boo-Online website and online store is made available, are free of viruses or other harmful components;
- To the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through the Boo-Online website and online store .
No oral advice or written information given by Boo-Online or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
We are not responsible for any injury, loss, claim, damage, or any indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or failure to use the Boo-Online website and online store.
7. Limitation of liability
This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Boo-Online may also make improvements and/or changes in the solutions and/or the projects described in this information at any time without notice.
Under no circumstances will Boo-Online or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Boo-Online website and online store be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits or revenue, business, anticipated savings, goodwill or reputation, use of data or other intangible losses) that result from either:
- The use and reliance on the Boo-Online website and online store;
- The inability to use the Boo-Online website and online store
- Mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to Boo-Online.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Boo-Online’s records, programs or services
- Information or advice received through or advertised on Boo-Online.com and information or advice received through or advertised on any links provided on Boo-Online.com
- Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using Boo-Online.com
Boo-Online.com is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using the Boo-Online website and online store is done at your own risk and Boo-Online shall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
8. Miscellaneous
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Boo-Online with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
9. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. Boo-Online.com operates from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing the Boo-Online website and online store you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Boo-Online.com. You and Boo-Online also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of Boo-Online.com accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
10. Health & Safety
All possible care and attention is given to ensuring the products sold by Boo-Online are suitable for the purpose they were intended for.. Our age guidelines are advised to us by our manufacturers, and should you have any concerns or questions concerning this, please contact us. Where relevant, we provide an indication of the age suitability and/or other technically relevant information However, these are only recommendations and Boo-Online cannot be held responsible for injury, damage caused by misuse or inappropriate use of products purchased through Boo-Online outside of the recommendations that may come with the products. It the purchaser's responsibility to satisfy themselves that the goods purchased are safe and fit for the purpose they were intended for.
When purchasing any product from Boo-Online, you must satisfy yourself that the product is safe for the purpose it is intended.Your statutory rights are not affected.
11. Disclaimer
To the fullest extent permitted at law, Boo-Online is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Boo-Online does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
12. Our contract
When you place an order to purchase a product from the Boo-Online online store , we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
13. Pricing and availability
Although we make every effort to despatch your order in a timely manner, we make no warranty regarding availability or delivery times. If an item is unavailable from stock when we receive your order we will contact you and advise you of this fact and invite you to decide if you wish to wait for the estimated delay time.
Despite our best efforts, there may occur an instance when a product in our catalogue is mis-priced. However, we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
14. Duty
When ordering goods from Boo-Online.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
When ordering from Boo-Online.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
15. Children
Boo-Online.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Boo-Online website and online store only with the involvement and permission of a parent or guardian.
16. Electronic communications
When you visit the Boo-Online website and online store or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Losses
Boo-Online will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Boo-Online does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
20. Waiver
If you breach these 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 conditions.