1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. We will refer to the products you order from us as the Products in these terms and conditions.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Boori (Europe) Limited a company registered in England and Wales. Our company registration number is 05363317 and our registered office is at Elizabeth House, 13-19 London Road, Newbury, Berkshire, RG14 1JL. Our registered VAT number is 860311948.
2.2 How to contact us. You can contact us by completing our online form or by writing to us at info@boori.co.uk or at Unit 2, Norcot, Industrial Estate, Sterling Way, Tilehurst, RG30 6HW.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order or need to cancel your order. If we are unable to accept your order or need to cancel your order, we will inform you of this by email and we will offer you alternative Products or a refund. This might be because the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Products or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us your postcode and order number whenever you contact us about your order.
3.4 We only sell to the UK [and Ireland]. Our website is solely for the promotion of our Products in Great Britain. Unfortunately, we do not accept orders from or deliver to addresses outside [Great Britain] [the United Kingdom, which means England, Wales [and] Scotland, [and] Northern Ireland [and the Republic of Ireland].
4 Our Products
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. All of our Products are made from wood and therefore their colour can vary from item to item and from those shown on our website. Please note that in any event we cannot guarantee that a computer or other electronic device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a reasonable range of tolerance.
5 Providing the Products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the Products. Our website displays a lead time estimate for any Products we sell, which will give a period within which we estimate we will deliver the Products to you through our couriers. Once we accept your order of larger furniture, we will arrange for our couriers to contact you within 72 hours (excluding weekends and bank holidays) to arrange a date for delivery which will in any event be a date within 4 weeks after the day on which we accept your order. For smaller items, you will not be contacted to arrange a date, a date will be selected for you. We will then deliver the Products to you through our couriers as soon as reasonably possible unless there is an Event Outside Our Control. We explain what we mean by an Event Outside Our Control at clause 4.
5.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us and we will offer alternative Products or you may end the contract and receive a refund for any Products you have paid for but not received. You will not be entitled to any compensation.
5.4 If you are not at home when the Products are delivered. If no one is available at your address to take delivery of Products we are trying to deliver to you, we will contact you to rearrange delivery.
5.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery of the Products or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
5.6 When you become responsible for the Products. The Products will be your responsibility from the time we deliver the Products to the address you gave us or you, or a carrier organised by you, collect it from us.
5.7 When you own goods. You own the Products once we have received payment in full.
5.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, information relating to access to the delivery address. If so, this will have been stated on the Delivery page of our website and should be provided when placing your order. If you do not provide this information when placing your order we will contact you by telephone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.9 Reasons we may suspend the supply of the Products to you. We may have to suspend the supply of the Products or any part of them to:
5.9.1 deal with technical problems or make minor technical changes;
5.9.2 update the Products to reflect changes in relevant laws and regulatory requirements;
5.10 Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. You may contact us to end the contract for the Products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Products.
6 Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Products repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;
6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
6.1.3 If you have just changed your mind about the Products, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
6.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
6.2.1 we have told you about an upcoming change to the Products or these terms which you do not agree to;
6.2.2 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
6.2.3 there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control;
6.2.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
6.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
6.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
and,
6.4.2 any Products which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind within the time allowed under clause 6.5, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
7 How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
7.1.1 Phone or email. You can email us at info@boori.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2 Online. Complete the contact form on our website.
7.2 Returning Products after ending the contract. If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must allow us to collect them from you. Please call customer services on 01635 295670 or email us at info@boori.co.uk to arrange collection. We will collect the Products using our courier Panther without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
7.3 When we will pay the costs of return. We will pay the costs of return:
7.3.1 if the Products are faulty or misdescribed; or
7.3.2 if you are ending the contract because we have told you of an upcoming change to the Products or these terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return we will charge you the direct cost to us of collection.
7.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
7.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Policy for more information. Please note that if you have handled the Products in a way that reduces the value of the Products to nothing, the reduction in your refund may be as much as the complete price of the Products. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
8 Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for Products at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, any information identified on our website as required in relation to any Products or any information relating to the address for delivery;
8.1.3 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least 14 days in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.
9 If there is a problem with the Products
9.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team at 01635 295670 or by writing to us at info@boori.co.uk or at Unit 2, Norcot, Industrial Estate, Sterling Way, Tilehurst, RG30 6HW. If you are contacting us about any damage or faults with the Products, please contact us in writing and supply photographic evidence to enable us to verify and deal with your claims.
9.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
9.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must allow us to collect them from you. We will pay the costs of collection. Please complete our online returns form or email us at info@boori.co.uk or write to us at Unit 2, Norcot, Industrial Estate, Sterling Way, Tilehurst, RG30 6HW to arrange collection.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
As your Products are goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 6.3.
10 Price and payment
10.1 Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Products advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Products you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before dispatching your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we dispatch your order. If a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
10.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards, Including PayPal & Klarna Finance. We only accept American Express when purchasing through PayPal's Express Checkout. You must pay for the Products when placing your order. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we also offer you the following payment options. Payment is to be made to Klarna. Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement. Minimum total basket value to be eligible for Klarna Finance is £35
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11 Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 2 and for defective Products under the Consumer Protection Act 1987.
11.3 When we are liable for damage to your property. If we are providing services such as delivery of the Products in your property, we will make good any damage to your property caused by us while doing so provided you report this to us within 5 days of delivery. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing such services.
11.4 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12 How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us:
12.1.1 to supply the Products to you;
12.1.2 to process your payment for the Products; and
12.1.3 if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13 Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the result of such a transfer is to place more onerous obligations (such as those in respect of delivery) than those we have agreed to you with you. We may require the person to whom our guarantee or warranty (if applicable) is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee or warranty (if applicable) on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee or warranty (if applicable). Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 Meaning of an “Event Outside Our Control”. When we use this phrase we mean 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.
13.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
13.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution