THE LEGAL NITTY GRITTY
1. INFORMATION ABOUT US
www.boast-design.co.uk is a site operated by Boast Design Limited. Our registered address is 3/7 Bombay Street, London, SE16 3UX.
2. ONLINE ORDER PROCESS
By placing an Online Order or an Online Phone Order with us, you confirm that the information you provide is true, accurate and complete in all respects.
By placing an order you confirm that you are over 18 years of age.
The steps required for a binding contract between you and Boast Design Limited are outlined below:
You place an order for products or services:
a. Online Orders: when you press the 'Pay Now' button at the end of the online checkout process.
b. Online Phone Orders: a member of our Customer Care Team will ask you to confirm that you wish to place the order. You will be given the opportunity to confirm the details of your order, including your address and payment details, prior to completing your order.
When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.
We will request authorisation against your payment card at this stage. We will send you a confirmation email to confirm that your order has been dispatched for delivery. This is confirmation and acceptance of your order.
Unless otherwise agreed, your order will be delivered within 60 days (not including sofas and bespoke items) days of confirmation of your order (please see our Delivery & Returns page for more information on our standard delivery times).
Where we are unable to deliver your order within this period, we reserve the right to cancel your order.
We may contact you if we cannot accept your order, which may be result of
(i) the products not being available,
(ii) there is a problem with your payment method,
(iii) there has been a pricing or product description error on the website,
(iv) we are unable to deliver the products due to local import restrictions or requirements at your delivery destination or
(v) you don’t meet our eligibility to order criteria or are in breach of any of the T&Cs or other law.
The contract will be concluded in English.
3. PRICES & PAYMENT
We accept payment by American Express, JCB, Maestro, MasterCard, Visa and Visa Debit and PayPal in a number of currencies.
For Online Orders delivered to the UK, we only accept payment in UK Pounds Sterling.
If you choose to pay using a payment card with a foreign currency-denominated account for a UK delivery, the payment will be taken in UK Pounds Sterling.
Your payment card issuer will then convert the UK Pounds Sterling value, using their foreign exchange rates.
All prices shown on the website are inclusive of U.K VAT.
We do not delivery to addresses outside of the U.K.
We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4. PRODUCTS & SERVICES
All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
The measurements of the Products are as accurate as possible, but are nevertheless approximate.
Finishes are applied to the exterior of our Products. Due to the nature of the materials used, finishes may vary.
It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity (except in accordance with our return policy).
Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
Either we or our nominated delivery partner will contact you to notify you when your Products are available and, will arrange a date for delivery to the address specified by you.
The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
Our nominated delivery partner will endeavour to deliver the purchased goods to you within 15 working days of them arriving in their warehouse. Failure for you to accept delivery of these items within 20 working days will result in our having the right to charge you storage charges at £10 per week for each large item (these are items which cannot be sent by postal carrier due to their size). Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly. If you decide to cancel the contract, any storage fees will not be refunded.
Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).
At the time of delivery the Products will usually be unpacked and assembled. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.
You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
Delivery for Sofas and Armchairs:
These items are usually made to order, which entails a manufacture and delivery period of up to 10 weeks. By ordering a Sofa or Armchair, you are agreeing to this delivery time. If an item is in stock for delivery within the above quoted times, it will be specified on the product listing.
Extended Area Surcharge:
POSTCODES: AB, BT, DD, DG, EN, FK, G, IV, KA, KW, KY, ML, P, PA, SO30-SO41, TD, BT - £45.00
Channel Islands & Isle of Man
In addition to your Statutory Rights,
Boast Design Limited offers the following rights of return:
Unwanted products may be returned for a refund or exchange if they are returned unused and in their original condition. Please note that excessive removal of packaging materials will be taken as evidence of use of a product by you and the product cannot be returned in these circumstances.
Returns must be made within 30 days with proof of purchase and are subject to exclusions and restrictions that are listed below (please note Non-Returnable Products below).
If you need to return large or heavy items, please contact our Customer Care Team. Refunds will be provided against the original form of tender. If the products have decreased in value due to the way you have handled them, we may deduct the amount of such loss from the amount reimbursed to you. If you are returning your product by post, please include your personal details and the best way for us to get in touch with you, otherwise we will be unable to process your refund. Refunds and exchanges on purchases made on an event day or with other promotional discount will be calculated at the reduced price.
Where a complimentary gift has been issued with a purchase, the gift must also be returned.
For Online Orders, please refer to the returns section of our Delivery & Returns pages.
For information on your cancellation rights under the Rights of Cancellation (Consumer Contracts Regulations 2013), please see the Rights Of Cancellation section below.
Non-Returnable Products The following products cannot be returned (whether bought online or by phone): products that are personalised, bespoke, altered or otherwise made to your specification mattresses, divans (where they come as part of a set with a mattress), duvets, mattress toppers/protectors or pillows any other products designated as non-refundable at the time of purchase.
Please contact our Customer Care Team for further information Returns Process Online Orders and Online Phone Orders delivered to the UK should be returned in any of the following ways within 30 days of cancellation.
By posting the product at your local Post Office;
By using your own courier to return the products to: Boast Design Limited, 3/7 Bombay Street, London, SE16 3UX.
By calling our Customer Care Team and requesting we organise a courier on your behalf.
7. RIGHTS OF CANCELLATION (CONSUMER CONTRACTS REGULATIONS 2013)
You are entitled to cancel your Online Order or Phone Order within 30 days after the day on which you receive your order (this right does not apply if you have visited our Workshop and viewed the product prior to purchase). Please note that your right to cancel does not apply to products listed in Non-Returnable Products above.
To exercise this right for Online Orders and Online Phone Orders, please contact our Customer Care Team (by phone, via post or email). Please ensure that you provide a clear statement that you wish to cancel together with your order number, your contact details and details of the products you wish to cancel. Please refer to Delivery & Returns for details on how to return your order.
Prior to returning your products to us, you are obliged to keep and take reasonable care of them. If an order has already been dispatched for delivery, please wait until you have received your order before exercising your cancellation rights.
8. PRODUCT DESCIRIPTION, PRICING & AVAILABILITY
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these T&Cs by you or by any other person accessing the website using your account and/or your personal information.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services offered by Boast Design Limited. This does not affect your Statutory Rights as a consumer.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for
(i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these T&Cs. Nothing in these T&Cs shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
No waiver by us shall be construed as a waiver of any right for any breach of these T&Cs.
If any of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining T&Cs.
These T&Cs govern our relationship with you. You agree that you have not relied on any representation outside of these T&Cs. Your Statutory Rights are not affected by these T&Cs. Nothing in these T&Cs shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
These T&Cs shall be governed and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
9. YOUR USE OF THE WEBSITE
We reserve the right to vary these T&Cs from time to time where we consider it reasonable and necessary to do so.
Our new terms will be displayed on the website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
The website is for your personal and non-commercial use only. You agree that you are solely responsible for:
- all costs and expenses you may incur in relation to your use of the website; and keeping your password and other account details confidential.
- The website is intended for use only by those who can access it from within the UK. If you choose to access the website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- We seek to make the website as accessible as possible. If you have any difficulties using the website, please contact us at firstname.lastname@example.org.
- to download (other than page caching) or modify the website, or any portion of it;
- to interfere with or disrupt any network or website connected to the website or gain unauthorised access to other computer systems;
- to interfere with the enjoyment or use of the website by any other person; for any purpose which is unlawful. In addition you may not, in relation to the website, use any:
- data mining, robots, or similar data gathering and extraction tools;
- framing techniques to enclose the trademarks, logos and other proprietary images, text - --- layouts and formats which we use on the website;
- meta tags or any other "hidden text" which uses our name or trademarks.
Using the website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
Ownership, Use And Intellectual Property Rights
This website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, try to circumvent or delete any notices contained on the website (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the website.
Hyperlinks And Third Party Sites
The website may contain hyperlinks or references to third party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
10. 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 under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- - Strikes, lock-outs or other industrial action;
- - 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;
- - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- - Impossibility of the use of public or private telecommunications networks;
- - The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract 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 under the Contract may be performed despite the Force Majeure Event.