Terms and conditions of supply

IMPORTANT LEGAL NOTICE

 

This page (together with the documents referred to on it) informs you of the Terms & Conditions on which products (“Products”) listed on our website (www.boo9.biz) are sold to you. Please read these Terms & Conditions carefully before ordering any Products from our website.

 

Your attention is drawn, in particular, to clauses 5, 6, 9 and 11.

 

Using this website indicates that you accept these Terms & Conditions together with our Privacy & Site Security Policy, regardless of whether or not you choose to register with us. If you do not accept these Terms & Conditions, please do not use this website.

 

You may wish to print a copy of these Terms & Conditions for future reference.

1. INFORMATION ABOUT US AND TERMS WE USE

1.1. In this section “us” or “we” or “our” means or refers to Boo9 Limited, UK. 

 

1.2. www.boo9.co.uk is a website operated by us.

 

1.3. Boo9 Limited is registered in England and Wales under company number 10804167 – with its registered office at 128 Woolsbridge Road, Ashley Heath  BH24 2LZ  United Kingdom. 

 

2.SERVICE AVAILABILITY

 

2.1. If you are ordering Products from this website for delivery outside the UK and your country is not given as a delivery option, please contact us by means of the “Contact” page and we will advise you of the delivery cost applicable to your delivery address so that you may place your order. 

3. YOUR STATUS

 

Please note that our payment processing service Stripe, before transacting your order, may require you warrant, for instance, that you are legally capable of entering into binding Contracts; and that you are at least 18 years old. Please refer to Stripe’s terms & conditions to determine what requirements apply. 

 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

4.1. After placing an order, you will receive an e-mail from our trusted third party payment-processing service (Stripe) acknowledging that your order has been accepted and payment by you also accepted. The Contract between us ("Contract") will only be formed when you receive the email from Stripe..

 

 

4.2. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed, you will be unable to amend your order. If your order has already been dispatched, when you receive the product/s, please return it/them as soon as possible according to our Returns Policy.

 

Please also see clause 5 below.

 

 

4.3. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. If we have had to dispatch only part of your order, we will email you a further Dispatch Confirmation when the remaining products covered by your order are dispatched. 

 

4.4. Please refer to Stripe’s Terms & Conditions for other Contractual information that may apply. 

 

5. YOUR RIGHT TO CANCEL THE CONTRACT

 

5.1. If you are Contracting as a consumer in the UK or the EU, you may cancel a Contract at any time within 14 calendar days ("the Cancellation Period") of the date of your order.

5.2. The practical aspects of such cancellation are covered by our Returns Policy – please see here.

 

6. YOUR RIGHT FOR A REFUND

 

Please refer to the page detailing our Returns Policy here.

 

7. AVAILABILITY AND DELIVERY

 

7.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If we anticipate a delay in delivering your order (for instance, because of our being unexpectedly out-of-stock of a Product or Products) we will contact you by email.

 

7.2. In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into, otherwise your payment for the Product/s that have not been delivered will be refunded. In the unlikely event that you have not heard from us within 30 days, please inform us using the “Contact” page.

 

8. PRICE AND PAYMENT

 

8.1. The price payable for the Products shall be as shown on the "Shop" page of this website. Prices advertised include any tax applicable but exclude delivery charges. If a separate charge for VAT does not appear on the “Checkout” page of this website, then no VAT is applicable Delivery charges for your order are shown separately from cost-of-goods on the “Shopping Cart” page.

8.2. Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received (from Stripe) cleared funds in respect of the full amount stated in the order.

9. OUR LIABILITY

 

9.1. If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:

 

9.1.1. make good any shortage or non-delivery or incorrect delivery; or

 

9.1.2. replace or repair any Products that are damaged or defective; or

 

9.1.3. refund to you the amount paid by you for the Products in question.

 

9.2. We shall have no liability to you for any consequential damage including :

 

i) without limit, damage caused by the failure of our Product/s in use or by the fitting of our Product/s to your equipment or vehicles.

 

ii) special or indirect losses including, without limit:  loss of revenues, profits, Contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.

 

9.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this Contract shall not exceed the amount paid by you for the Products.

 

9.4. Nothing in this Contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.

 

9.5. Nothing in this Contract shall exclude, affect or limit your consumer’s statutory rights as a UK resident.

 

9.6. 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.

 

10. INTELLECTUAL PROPERTY RIGHTS

 

10.1. All and any Intellectual Property Rights in connection with the Products and with this website shall be owned by us absolutely.

 

11. INDEMNITY

 

11.1. You agree to indemnify, defend and hold harmless Boo9 Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Terms & Conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

 

12. IMPORT DUTY

 

12.1. If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Such charges will not be displayed on this website. You will be responsible for payment of any such import duties and taxes.

 

12.2. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

 

12.3. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

13. WRITTEN COMMUNICATIONS

 

13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For Contractual purposes, 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.

 

14. NOTICES

 

14.1 All notices given by you to us must be given to us at info.boo9@icloud.com

or via the “Contact” page of this website here.

 

14.2. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

 

14.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

15. TRANSFER OF RIGHTS AND OBLIGATIONS

 

15.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.

 

15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 

15.3. We may transfer, assign, charge, sub-Contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. EVENTS OUTSIDE OUR CONTROL

 

16.1. 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").

6.2. 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:

 

16.2.1. Strikes, lock-outs or other industrial action.

 

16.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

 

16.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

 

16.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

16.2.5. Impossibility of the use of public or private telecommunications networks.

 

16.2.6. The acts, decrees, legislation, regulations or restrictions of any government.

 

16.3. 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.

 

17. WAIVER

 

17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

17.3. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

 

18. SEVERABILITY

 

18.1. If any of these Terms & Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

18.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

19. ENTIRE AGREEMENT

 

19.1. These Terms & Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

19.2. We each acknowledge that, in entering into a Contract, you and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms & Conditions.

 

19.3. Neither you nor we shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these Terms & Conditions.

 

20. OUR RIGHT TO VARY THESE TERMS & CONDITIONS

 

20.1. We have the right to revise and amend these Terms & Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide.

 

20.2. You will be subject to the policies and Terms & Conditions in force at the time that you order products from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

21. LAW AND JURISDICTION

 

21.1. These Terms & Conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these Terms & Conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.

 

22. AFTER-SALE SERVICE

 

22.1. Questions, comments or requests regarding these Terms & Conditions or our Products should be addressed to info.boo9@icloud.com (or via the “Contact” page here).

 

22.2. If you have any complaints, these should be addressed to: info.boo9@icloud.com

(or via the ”Contact” page).

.

 

23. JURISDICTION

 

These Terms & Conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile. In the event of any dispute associated with these Terms & Conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts

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