TERMS & CONDITIONS
These terms and conditions apply to your access to ‘THEBOOTBUDDY LTD bootbuddy.com website ("Website"). Please read these terms and conditions carefully before accessing and/or ordering any goods from our Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions. If you do not agree with the terms and conditions please do not use our Website.
You should print a copy of these terms and conditions for future reference.
The www.bootbuddy.com website is operated by THEBOOTBUDDY LTD. Whose registered address is THEBOOTBUDDY LTD 39 Falcon Road, Battersea, London, SW11 2PH Company Number: 8778948, VAT Number: GB 190 725402
HOW TO ORDER
- Select the goods you require and click ‘Buy Now’;
- If you are a new user you will need to enter an email address and create a username and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address;
- Once you have set up an account, you will be directed to the shipping confirmation page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses. We do not deliver overseas.
- You will then proceed to the secure payment page where you may select the payment type and complete your order. Following submission of your order we will send you an automated order acknowledgement to the email address provided.
By placing an order through our website, you warrant that you are legally capable of entering into binding contracts.
HOW THE CONTRACT FOR THE GOODS IS FORMED BETWEEN YOU AND US
After placing your order you will receive an automated email acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been despatched. Once we accept your order, a contract to purchase and deliver goods takes effect between you and THEBOOTBUDDY LTD. The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the dispatch of your goods has been confirmed in a separate confirmation email.
A description of the main characteristics of goods can be found on the product pages of the Website.
Prices for goods on the Website appear on the product pages and include all UK and International taxes where applicable. For further details on International Delivery please see here.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.
If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Goods being delivered to a UK address by us will be at your sole risk from the time of delivery to you. Some offers carry a maximum quantity per customer, if applicable, this is detailed on the individual offer.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
DATA PROTECTION AND PRIVACY
We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information, including encrypting your information to applicable industry standards.
During your visit to the Website we may gather certain personal information that is necessary to set up your account, for the purposes of billing, delivery of your goods and queries. We only keep your information for as long as is necessary to process your order, process any applicable refunds, respond to any complaints/feedback or to provide you with promotional information you have subscribed to.
Ordinarily we do not have access to your financial information which is securely transferred directly to our card processing agents and who process it on our instructions.
When you register your details with us, you have the option to subscribe to future promotions and special offers. You may unsubscribe from this at any time by emailing us.
We do not transfer your information outside the European Economic Area (“EEA”) unless you are a user located outside the EEA in which case we may need to transfer your information to deliver your goods, process payment/refunds, or to send you promotional information you have subscribed to.
The Website can recognise past users by using cookies. Cookies personalise your visits to the Website to meet your individual preferences. You can disable cookies by adjusting your internet settings. When you supply your information to us you accept the risks associated with the Internet and consent to our processing your information in accordance with this policy and will not hold us responsible for any loss of your information unless we have breached our duty of care to you.
METHOD OF PAYMENT
You may pay by Mastercard, VISA, VISA Debit, VISA Electron, Maestro, American Express (AMEX). BOOT BUDDY LTD may offer additional payment options beyond this list. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement for your first order. This will not be a requirement on subsequent orders. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time. Please note payments will appear as "pending" on your statement until we accept the payment and your bank provider releases the funds.
Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered. Delivery charges will be confirmed to you, before your order is accepted.
If your order is particularly heavy it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before your order is despatched. You have the option to cancel the order if you do not wish to pay any additional delivery costs.
Note: Some international orders may be subject to Import taxes, Duties and Custom fees. Please note the seller is not responsible and will not cover any of these charges that may be charged with the delivery of items. It is the customers responsibility to pay these charges.
Please note we are currently unable to deliver to PO Boxes.
We, the seller, are not responsible for failed delivery if the consumer has entered the incorrect delivery address.
The consumer has up to 30 days from the date of purchase to claim for non-delivery of items due to courier error.
The consumer has up to 90 days from the date of purchase to claim for non-delivery of items due to unfulfilled status. To claim, means to raise the issue with our customer care team within the time frames set above. Our customer care team can be contacted at firstname.lastname@example.org. If the consumer fails to raise the claim within the timeframes above, a claim will not be processed.
If non-delivery has occurred and the consumer has claimed within the time frame stated above, a resend of the items can be issued. However refunds may only be issued in special circumstances.
For more information on delivery and returns please see here.
WARRANTY AND LIMITATION OF OUR LIABILITY
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- (a) loss of income or revenue;
- (b) loss of business;
- (c) loss of profits;
- (d) loss of anticipated savings;
- (e) loss of data; or
- (f) waste of management or office time.
Nothing in these terms and conditions are intended to exclude or limits our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- (d) defective products under the Consumer Protection Act 1987;
- (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Whilst we adopt industry standard protections against computer viruses we are not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions are intended to affect your statutory rights.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract
In The Case of a Damaged Item
- TheBootBuddyLtd offers one year warranty on non-consumable items which includes: The Boot Buddy, The Paw Buddy and The Sizzle Buddy.
- The claim for a damaged item must be made within 1 year from the date of purchase.
- Any claims raised after the time frame set above will not be processed.
- The one year warranty only applies to the original purchase date.
- The claim only applies to damage caused by manufacturing fault; this does not include any accidental damage.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action;
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) Impossibility of the use of public or private telecommunications networks; or
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our site you accept that communication with us will be primarily electronic through e-mail or notices posted on our website. For contractual purposes, by accessing this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to THEBOOTBUDDY LTD, or are used with permission from the owner.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through our website please email us. To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details. Send all complaints via email to email@example.com
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless:-
- any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
- we notify you of any changes to these terms and conditions before we accept your order, in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven (7) working days of receipt by you of the goods.
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website including orders for goods. By accessing this website you agree to submit to English law.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Except as expressly noted to the contrary in these Terms of Service, and except where we have failed to provide any Services in accordance with these Terms of Service or applicable law, any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
We make no representations concerning any Content provided by users and contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of such material or Content contained in or accessed through the Services.
We cannot and do not guarantee that any Content or the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content.
LIMITATION OF LIABILITY
Nothing in these Terms of Service shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to the foregoing, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased in such order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
You agree that any dispute between you and us regarding these Terms of Service or any order will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
GOVERNING LAW AND JURISDICTION
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with English law.
We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.