Boo Who Terms and Conditions
Welcome to the Boo Who? website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail info@boo-who.co.uk, or call us on +44 (0) 7859 312 912 between 9.00am and 5.30pm.
Definitions
"Conditions" means these terms and conditions; "Product"
means a product displayed for sale on the Website; "Product Description"
means that part of the Website where certain terms and conditions in respect
of the individual Product are provided; "Users" means the users of
the Website collectively; "Personal Information" means the details
provided by you when placing an order; "We/us" means Boo Who Limited;
"Website" means the website located at www.boo-who.co.uk or any subsequent
URL which may replace it; "United Kingdom" means England, Wales, Scotland,
Northern Ireland and the Channel Islands and "You" means a user of
this Website.
Privacy
At Boo Who? we respect your privacy and are committed to maintaining it. Full
details of our privacy policy are given below. In the event that we make any
changes to the policy, the information below will be updated immediately.
We will treat all your Personal Information
as confidential (although we reserve the right to disclose this information
in the circumstances set out below). We will keep it on a secure server and
we will fully comply with all applicable UK Data Protection and consumer legislation
from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal
Information from you such as your name, e-mail address, billing address, delivery
address, telephone number, product selections, credit card or other payment
information.
We confirm that any Personal Information which you provide to us (or which is
available on public registers) is held in accordance with the registration we
have with the Information Commissioner's Office. We use your information only
for the following purposes:
• Processing your orders;
• For statistical or survey purposes to improve this Website and its services
to you;
• To serve website content and advertisements to you;
• To administer this website;
• If you consent, to notify you of products or special offers that may
be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes
whether by telephone, e-mail or in writing and you confirm that you do not and
will not consider any of the above as being a breach of any of your rights under
the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the
option to receive information from Boo Who? by post, e-mail or telephone, about
products, promotions or special offers which we feel may be of interest to you.
In the event that you do not wish to be contacted for such purposes, ensure
that you tick the appropriate box as you go through the order process. You may
unsubscribe from our mailing list at any time by replying to a promotional e-mail
with the word "unsubscribe" in the subject line, by e-mailing us at
privacy@boo-who.co.uk or telephoning
us on +44 (0) 7868 729 505. You also have the right to access, rectify or request
that we delete your Personal Information.
We will not release your Personal Information to any other company for mailing
or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory
or government authority investigating suspected illegal activities to provide
your Personal Information and /or User Information, we are entitled do so.
Purchase
of Products
Orders
We will take all reasonable care, in so far as it is in our power to do so,
to keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer
if a third party procures unauthorised access to any data you provide when accessing
or ordering from the Website.
To check the security of our website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on this website.
Contract Cancellation
Please note that you are entitled to cancel this contract if you so wish provided
that you exercise your right no longer than seven working days after the day
on which you receive the Products.
Description of Products
Each Product purchased is sold subject to its Product Description.
We will take all reasonable care to ensure that all details, descriptions and
prices of Products appearing on the Website are correct at the time when the
relevant information was entered onto the system. Although we aim to keep the
Website as up to date as possible, the information including Product Descriptions
appearing on this Website at a particular time may not always reflect the position
exactly at the moment you place an order. We cannot confirm the price of a Product
until your order is accepted in accordance with our Order acceptance policy.
General
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the Website shall
remain at all times vested in Boo Who Limited. You are permitted to use this
material only as expressly authorised by Boo Who Limited.
You acknowledge and agree that the material and content contained within the
Website is made available for your personal non-commercial use only and that
you may (if necessary to make a Purchase) download such material and content
onto only one computer hard drive for such purpose. Any other use of the material
and content of the Website is strictly prohibited. You agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create derivative works of such
material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You
agree to comply with all applicable laws, statutes and regulations regarding
the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information
we place on the Website, we make no warranties, whether express or implied in
relation to its accuracy. The Website is provided on an "as is" and
"as available" basis without any representation or endorsement made
and we make no warranties of any kind, whether express or implied, in relation
to the Website, or any transaction that may be conducted on or through the Website
including but not limited to, implied warranties of non-infringement, compatibility,
security, accuracy, conditions of completeness, or any implied warranty arising
from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be
uninterrupted, timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the Website. We
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the
Conditions and shall not affect the validity and enforceability of any of the
remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to
be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions
must be in writing and signed by both parties. You confirm that, in agreeing
to accept the Conditions, you have not relied on any representation save insofar
as the same has expressly been made a term of these Conditions and you agree
that you shall have no remedy in respect of any representation. Your Statutory
Rights are not affected by these terms and conditions. Nothing in this Clause
shall limit or exclude our liability in respect of any fraudulent or negligent
misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws
of England and you irrevocably submit to the exclusive jurisdiction of the courts
of England.
Contact
Boo Who? is the trading name of Boo Who Limited. The registered company address
of Boo Who Limited is 74 – 76 West Street, Erith, DA8 1AF. Company registration
number 5286934