Terms & Conditions

Using this Website indicates that you accept these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.

Please read them carefully before ordering any Products from our site.

 

1. INFORMATION ABOUT US

1.1. www.boom-wear.co.uk is a site operated by FAQuality Limited ("We"). We are registered in England (Company Number 9253361) and with our registered office at 42 Gresham Road, UB10 0HT, Uxbridge, United Kingdom.

VAT No: 205 6897 87

Our email address is:

boom@boom-wear.co.uk

 

2. SERVICE AVAILABILITY

2.1. We only accept orders from European Economic Area ("EEA").

 

3. YOUR STATUS

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts;

3.1 You are resident in one of the Serviced Countries.

 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.

4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 6.

4.3. 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.

4.4. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4.5. We are entitled to refuse any order made by you for any reason.

4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.

 

5. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the deliver option you selected, unless there are exceptional circumstances.

 

6. PRICE AND PAYMENT

6.1. The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance. (Delivery details)

6.2. 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 cleared funds in respect of the full amount stated in the order.

6.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.

6.4. Payment for all Products must be made in accordance with Payment Methods. (How To Pay)

6.5. Only one promotion code can be used per order.

 

7. OUR REFUNDS POLICY

7.1. For details on refunds, please refer to our (Returns & Exchanges).

 

8. OUR LIABILITY

8.1. 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:

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

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

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

8.2. We shall have no liability to you for any consequential, 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.

8.3. 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.

8.4. 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.

8.5. Nothing in this contract shall exclude or limit your statutory rights.

8.6. 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.

 

9. INTELLECTUAL PROPERTY RIGHTS

All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.

 

10. INDEMNITY

You agree to indemnify, defend and hold harmless BOOM-Wear.com UK, 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 and 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.

 

11. IMPORT DUTY

11.1. If you order Products from our site for delivery outside the European Economic Area, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. 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.

11.2. 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.

 

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, 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.

All notices given by you to us must be given to us at boom@boom-wear.co.uk

We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 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. 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.

 

13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2. 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.

13.3. 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.

 

14. EVENTS OUTSIDE OUR CONTROL

14.1. 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").

14.2. 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:

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

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

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

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

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

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

14.3. 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.

 

15. WAIVER

15.1. 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 and 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.

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

15.3. No waiver by us of any of these terms and 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.

 

16. SEVERABILITY

16.1. If any of these terms and 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.

16.2. 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.

 

17. ENTIRE AGREEMENT

17.1. These terms and 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 us, whether oral or in writing.

17.2. We each acknowledge that, in entering into a Contract, neither of us has 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 and conditions.

17.3. Neither of us 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 and conditions.

 

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1. We have the right to revise and amend these terms and 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.

18.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

 

19. LAW AND JURISDICTION

These terms and 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 and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.

 

20. AFTER-SALE SERVICE

20.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to boom@boom-wear.co.uk

 

 

 

PRIVACY POLICY

 

BOOM Wear takes your privacy very seriously. We work hard to make sure that we only use your information in the ways that you want us to. This Privacy Statement explains what information we collect on the BOOM Wear website at www.boom-wear.co.uk (the "Website"), how and when it is collected, what we use it for now and how we will use it in the future. If you have any questions about the way in which your information is being collected or used which are not answered by this Privacy Statement please contact us at boom@boom-wear.co.uk

 

No spam, no junk email!

We know that everyone is busy, and nobody likes their email inbox cluttered up with junk mail.

We will only send you marketing messages if you choose to receive them from us. If you choose to receive our mailings we promise not to send you any junk emails, and will only send you details about items and promotions which we think will be of interest to you. If you decide that you no longer want to receive our emails you can unsubscribe at any time.

We will never sell your details to an unconnected third party for marketing purposes.

 

Why should you feel safe?

All your personal data and purchase history are stored and secured in our database. Users password is encrypted.

 

What information do we collect?

We do not collect any personal information about you on our Website unless you choose to provide it to us voluntarily. If you decide to place an order with us, there is certain personal information that we will require from you in order to process your order. We define “personal information” as information that is unique to you and might include your name, delivery address, credit/debit card number and expiration date, billing address, e-mail address, telephone number and your age.

We may also collect the following data about you to help us improve our service to you:

  •          Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to any service which we provide, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion.

  •          If you contact us, we may keep a record of that correspondence.

  •          We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

  •          Details of transactions you carry out through our Website and of the fulfilment of your orders.

  •          Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access on our Website.

 

What you can expect from us?

We will at all times comply with the standards, procedures and requirements of UK data protection laws to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully.

We may have to pass your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for the above purposes. If we do make such a transfer, however, we will do everything we can to ensure that your information is properly protected.

 

When do we disclose your Information?

We will only pass on your personal information to third parties if it is an essential part of our transaction with you (i.e. passing on your name and address to our carriers, or telephone number should there be a query with delivery, or using a third-party payment processor to process your payment for your purchase on our Website).

We may disclose your personal information:

  •          As you expressly authorize us to do so;
  •          As necessary to provide products and services to you;
  •          As necessary to allow our contractors or agents to provide services for us in connection with our transactions with you;
  •          to protect our customers and Website from fraud and theft, we may pass on personal information that we obtain from making identity checks, together with account information to organizations including law enforcement agencies, involved in fraud prevention and detection and credit risk reduction;
  •          if we are under a duty to disclose or share your personal information in order to comply with any legal obligation; or,
  •          in order to enforce or apply our terms of use or terms and conditions of supply of products and other agreements; or to protect the rights, property, or safety of our parent company, our customers, or others.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the personal information you provide to us without your consent.

 

Information collected from children

We are strongly committed to preserving online privacy for all of our Website visitors, including children. The Website is a general audience site, and we do not knowingly collect information about children or sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you are not permitted to submit information to the Website.

 

 

 

YOUR RIGHTS

 

Opting Out

You have the right to ask us not to process your personal information for marketing purposes. If you do not wish to receive marketing information from us you have the option of ‘opting out’. Clear instructions on how to opt out of each area will be detailed specifically (for instance at the bottom of our e-newsletter you will have the option ‘To unsubscribe form our emails click here’). Alternatively, please let us know in writing.

 

Access to information

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please write to us at boom@boom-wear.com We may charge you an administrative fee to meet our costs in providing you with details of the information we hold about you.

 

Changes to our privacy policy

We reserve the right to change this policy at any time. If we change our privacy policy we will post the changes on this website. The most recent version of this policy is reflected by the date located at the bottom of this policy.

 

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to boom@boom-wear.co.uk

For the purpose of the Data Protection Act 1998 (the Act), the data controller is FAQuality Limited of 42 Gresham Road, UB10 0HT, Uxbridge, United Kingdom. Our nominated representative for the purpose of the Act is Kamil Jędrasik, who can be contacted at boom@boom-wear.co.uk

 9/10/2015


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