The Boma Garden Centre Terms & Conditions of Service
Overview
The Boma Garden Centre Ltd, United Kingdom Company registration number 3538351, operates this website hosted via the URL https://www.bomagardencentre.co.uk. Throughout the site, the terms "we", "us", and "our" refer to 'The Boma.' The Boma offers this website, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site or purchasing something from us, you engage in our "Service". You agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
1 – Website and Webshop Online Store Terms
By agreeing to these Terms of Service, you represent that you are 18 years of age or accompanied by a legal guardian giving your consent to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not hack this website, transmit any malicious code, worms or viruses of a destructive or non-destructive nature, or use this site as a vehicle or channel to send code to third parties or us.
You may not access this website and change information without the permission and knowledgeable consent of The Boma.
A breach or violation of any of the Terms will result in an immediate termination of our Services and is subject to possible prosecution according to the United Kingdom of Great Britain laws.
2 - General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your information (not including credit card and alternative payment methods information) may be transferred unencrypted. These transmissions may occur over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.
Our payment gateways transfer information related to credit cards, debit cards, bank accounts alternative payment methods with encryption during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied upon or used solely for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. However, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 - Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any content) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
5 – Products, Services, Delivery and Returns
All products or services available online through the website may have limited quantities. Also, all products are subject to delivery and return or exchange only according to our Delivery Policy and Return Policy.
We have made every effort to display product colours and images as accurately as possible on the website and website. Actual products may differ from pictures and descriptions displayed on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you, will meet your expectations or that we will correct any errors.
6 - Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number you provided when you made the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
7 - Optional Tools
We may provide you with access to third-party tools such as delivery tracking, over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations or conditions of any kind and endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools relevant third parties provide.
We may also, in the future, offer new services or features through the website (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
8 – Gift Vouchers
Gift vouchers entitle the holder to products equal to the value stated on the voucher, including VAT.
Gift vouchers are not partially redeemable and may not be exchanged (partly or wholly) for cash.
You may only use gift vouchers once for products at the garden centre, and they are not valid to purchase goods on The Boma webshop.
The Boma retains the right to refuse to redeem a gift voucher in the garden centre if we suspect any fraud relating to the gift voucher or purchase.
The Boma is not liable for lost gift vouchers, and we cannot replace them.
9 - Third-Party Links
Certain content, products and services available through our website may include materials from third parties.
Third-party links on this site may direct you to third-party websites, such as social media content or industry references, with which we do not affiliate. We are not responsible for examining or evaluating the content or accuracy. We do not warrant and are not liable or accountable for third-party materials or websites or other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Please direct complaints, claims, concerns, or questions regarding third-party products to the third party.
10 - User Comments, Feedback And Other Submissions
If you voluntarily send submissions with or without a request from us in the form but not limited to creative ideas, comments, suggestions, proposals, plans, or other materials; whether online, by email, by postal mail, or otherwise; you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
11 - Personal Information & Privacy Policy
Our Privacy Policy governs your submission of personal information through the store.
12 – Content Errors, Inaccuracies And Omissions
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should indicate that all information in the Service or any related website has is a modification or an update.
13 - Prohibited Use of Site Content
In addition to other prohibitions as outlined in the Terms of Service, we prohibit you from using the site or its content for any and all of the following:
- For any unlawful purpose
- Solicit others to perform or participate in any unlawful acts
- Violate any international, national, provincial regulations, rules, laws, or local ordinances
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submit false or misleading information
- Upload or transmit viruses or any other type of malicious code that may in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet.
- Collect or track the personal information of others
- Spam, phish, pharm, pretext, spider, crawl, or scrape
- Use for any obscene or immoral purpose.
- Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the obtainable results from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Boma, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
15 - Indemnification
You agree to indemnify, defend and hold harmless The Boma and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
16 - Severability
Suppose any provision of these Terms of Service is determined to be unlawful, void or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17 – Termination of Services
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; or accordingly may deny you access to our Services (or any part thereof).
18 - Right to Cancel Orders
We have laid our Terms and Conditions for cancellation and refunds in The Boma Return Policy.
By accessing, browsing, or reading content or engaging in purchases from this website, you agree to the Terms of The Boma return policy.
19 – Refunds of Damaged or Missing Products
In cases of damaged or missing products from purchases made on our website, you may be entitled to a refund of the cost of the damaged or missing products, excluding shipping costs, subject to the content of the order. If you do not report your delivery as the damaged or missing product within 30 days of receipt, we reserve the right to refuse a refund or replacement.
We may ask for photographic evidence of any damage. We cannot process a full refund or offer a replacement without this. At The Boma's discretion, if the damage to the products is minor, cosmetic or superficial, we may provide you with a voucher instead of a refund or replacement.
20 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the United Kingdom.
22 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23 - Contact information
Questions about the Terms of Service should be sent to us at [email protected].