Terms and Conditions of Sale
Last updated 12 April 2023
THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM. PLEASE PRINT A COPY OF THESE TERMS AT THE TIME YOU MAKE AN ORDER AND KEEP IT FOR YOUR RECORDS.
Where to find information about us and our products
You can find everything you need to know about us, BOU London Limited, and our products on our website before you order. We also confirm the key information to you in writing before you purchase as contained herein.
BOU London Limited is a company registered in England and Wales under the number 3555348 with registered offices located at 85 Great Portland Street, First Floor, London, W1W 7LT United Kingdom.
Our Customer Support Team can be contacted at: hello@bou.london
We only accept orders when we’ve checked them
When you make an order, you will receive an automated acknowledgement email. We will contact you again with a production slot confirmation email when your production slot is booked. A contract between you and us is only formed when your production slot has been booked and not before.
Sometimes we reject orders
Sometimes we reject orders, for example, because you are located outside the UK Mainland, or because the product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid relating to the rejected order.
We charge you when you order
We will charge you when you make an order. Please note that if you are paying with a third-party credit agency, there may be separate terms and conditions that relate to your payment or otherwise.
We charge interest on late payments
If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You are required to pay us the interest together with any overdue amount.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as material shortages, pandemics, labour shortages, damage to our own premises and so on, we will contact you as soon as possible to let you know. As long as we do this, we won’t compensate you for the delay, but, if the delay is likely to be substantial, you can contact our Customer Support Team to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or its packaging may be slightly different. AS WE USE NATURAL MATERIALS, THE EXACT APPEARANCE OF EACH PRODUCT WILL VARY. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 5%.
You’re responsible for making sure your measurements are accurate
If we’re making or supplying the product to measurements you provide, you’re responsible for making sure those measurements are correct. Contact our Customer Support Team for more information.
We charge you if you don’t give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery or installation or if you don’t do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule installation or allow extra time for installation.
If you bought online or over a telephone, you have a legal right to change your mind
For most of our products bought online or over the telephone, you may have a legal right to change your mind about your purchase and receive a refund of what you paid for it, often including the delivery costs. This is subject to some conditions, as set out below, including whether you are a consumer or a business.
Consumers: when you can’t change your mind. You can’t change your mind about an order for:
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products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
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goods that are made to your specifications or are clearly personalized, e.g. a specific colour scheme; and
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goods which become mixed inseparably with other items after their delivery.
Consumers: the deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
Consumers: how to let us know. To let us know you want to change your mind, contact our Customer Support Team.
Consumers: you have to return the product at your own cost. You have to return your product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost.
You can send the product back to us, using an established delivery service and the product If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for products which can’t be posted, please contact our Customer Support Team.
If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
Items should be returned in their original packaging, if appropriate.
Consumers: we only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
Consumers: assembly charge. We do not refund any assembly charges.
Consumers: we reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be reasonably acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, the packaging is missing or damaged, or components or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Support Team can advise you on whether we’re likely to reduce or refuse your refund.
Please further note that due the weight of some of our products, they can only be safely transported disassembled to avoid being damaged or causing injury. Please speak to the Customer Support Team for more information.
Consumers: when and how we refund you. If you tell us you’ve changed your mind about a product that hasn’t been delivered or one that we’re collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your product back to us, we refund you within 14 days of receiving it. We refund you by the method you used for payment. We don’t charge a fee for the refund.
Business: right to change your mind. If you are not a consumer, but are not completely satisfied with them, you may still be able to return them to us. Any decision to accept any such return request will be at our sole discretion and we reserved the right to refuse any return request or charge compensation for our losses. Please speak to the Customer Support Team.
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Support Team within two days of receiving the order. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
Consumers. If you are a consumer, your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
If your product is 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 a 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.
Business. For business customers, we warrant that on delivery all products shall conform in all material respects with their description on the site and be free from material defects in design, material and workmanship, unless previously disclosed.
If you give us notice in writing within forty-eight (48) hours after delivery of discovery that the products do not comply with this warranty, we are given a reasonable opportunity of examining the products (such as being provided with clear pictures of the products) and you return the products to us, we shall, at our option, repair or replace the defective products, or refund the price of the defective products in full where a replacement is not available.
We will not be liable for the products failing to comply with this warranty if:
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you make any further use of the products after giving notice in accordance with the above paragraph;
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the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products or (if there are none) good trade practice;
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you alter or repair the products without the our written consent;
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the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
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the defect arises as a result of us following any drawing, design or specification supplied by you.
Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
We can change products and these terms
There are certain changes that we can make to the products sold on the website or these terms of sale as they apply to your purchase, as explained below.
Changes we can always make. We can always change a product:
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to reflect changes in relevant laws and regulatory requirements; or
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to make minor technical adjustments and improvements. These are changes that don’t affect your use of the product.
Any further changes:
For any further changes, we will ask you to agree to them first.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
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you don’t make any payment to us when it’s due and you still don’t make payment within 14 calendar days of our reminding you that payment is due;
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you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, or allow us to deliver the product to you or collect it from us.; or
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you are abusive to our staff or other representatives.
We don’t compensate you for all losses caused by us or our products
WE’RE NOT RESPONSIBLE FOR LOSSES THAT ARE:
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UNEXPECTED. IT WAS NOT OBVIOUS THAT IT WOULD HAPPEN AND NOTHING YOU SAID TO US BEFORE WE ACCEPTED YOUR ORDER MEANT WE SHOULD HAVE EXPECTED IT (SO, IN THE LAW, THE LOSS WAS UNFORESEEABLE).
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CAUSED BY A DELAYING EVENT OUTSIDE OUR CONTROL.
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AVOIDABLE. SOMETHING YOU COULD HAVE AVOIDED BY TAKING REASONABLE ACTION, INCLUDING FOLLOWING OUR REASONABLE INSTRUCTIONS FOR USE, CARE, AND MAINTENANCE.
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A BUSINESS LOSS. THIS RELATES TO YOUR USE OF A PRODUCT FOR THE PURPOSES OF YOUR TRADE, BUSINESS, CRAFT OR PROFESSION. WE DO NOT COMPENSATE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; WASTED EXPENDITURE; LOSS OF GOODWILL; OR ANY INDIRECT OR CONSEQUENTIAL LOSSES.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU IF YOU ARE NOT A CONSUMER IS LIMITED TO TWO TIMES THE AMOUNT YOU PAID FOR YOUR ORDER OR £1,000, WHICHEVER IS GREATER.
Nothing in this section limits or excludes liability that cannot be limited or excluded by law.
You have several options for resolving disputes with us
Contact our Customer Support Team. Our Customer Support Team will do their best to resolve any problems you have with us or our products. If you write to us, we will aim to respond within 30 days.
You can go to court
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in. If you are not a consumer, English courts shall have the exclusive jurisdiction.
Other important terms that apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.