Terms & Conditions
BACKGROUND:
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.bombki.co.uk – www.bombki.com (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 23rd Sept 2021. [The following changes were made: 23rd Sept 2021.]
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
• Our Terms of Use, available at <https://www.bombki.co.uk/index.php?route=information/information&information_id=9, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
• Our Privacy Policy, available at https://www.bombki.co.uk/index.php?route=information/information&information_id=3. This is also referred to below in Part 22.
• [Our Cookie Policy, available at <<insert link>>. This is also referred to below in Part 22.]
• Our Acceptable Usage Policy, available at <<insert link>>. This is also referred to below in Part 3
Our returns Policy - https://www.bombki.co.uk/index.php?route=information/information&information_id=6
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;
[“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;]
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Bombki.
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
2.1 Our Site is operated by Bombki. [We are a sole trader and our registered address is 51 St Mary’s Lane, Upminster Essex RM124 2QU and Our main address is 33 Tawny Ave, Upminster, Essex RM14 2EW
2.2 Our main address is 33 Tawny Ave, Upminster, Essex RM14 2EW
2.3 [Our VAT number is 778 4719 69.]
2.4 [We are regulated by N/a.]
3. How to Contact Us
3.1 To contact Us with general questions or complaints by email, please email Us at michael@bombi.co.uk, to contact Us by telephone, please call Us on 07715 341 287, and to contact Us by post, please write to Us at 33 Tawny Ave, Upminster, Essex RM14 2EW.
3.2 To contact Us about the Goods or your Order by email, please email Us at michael@bombi.co.uk, to contact Us by telephone, please call Us on 07715 341 287, and to contact Us by post, please write to Us at 33 Tawny Ave, Upminster, Essex RM14 2EW.
3.3 To contact Us about cancellations by email, please email Us at michael@bombi.co.uk, to contact Us by telephone, please call Us on 07715 341 287, and to contact Us by post, please write to Us at 33 Tawny Ave, Upminster, Essex RM14 2EW.
3.4 [We provide the following Contact Tools for you to contact Us:
• Email, SMS, Mobile Telephone, Office Telephone
3.5 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at <<insert link>> [and Our Acceptable Usage Policy, available at <<insert link>>].]
4. Access to Our Site and Use of Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Use of Our Site is subject to Our Website Terms of Use, available at <<insert link>>. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. Business Customers
Terms of Sale apply to business customers purchasing Goods the same as for your retail Terms of Sale. Please see the following link for our returns policy as follows for business customers as well as retail customers - https://www.bombki.co.uk/index.php?route=information/information&information_id=6
7. International Customers
Please note that we deliver in the UK & Worldwide.]
8. Goods, Descriptions, and Changes
8.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary[.] OR [; and]
c) Due to the nature of our hand made Goods, there may be a variance of up to 1% in Colours & Weights between the actual Goods and the description.
8.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
8.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
8.4 [As explained in the descriptions of [the] OR [certain] Goods, more significant changes may also be made to [the] OR [certain] Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
9. Pricing
9.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. [All pricing information is reviewed and updated every week.] Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
9.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
9.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 7 Days, We will treat your Order as cancelled and inform you of the cancellation in writing.
9.4 [If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.]
9.5 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to <<insert link>>. Delivery options and related charges will be presented to you as part of the order process.
10. Orders and How Contracts Are Formed
10.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
10.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
10.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
10.4 Order Confirmations contain the following information:
a) Your Order Number;
b) Confirmation of the Goods ordered including full details of their main characteristics;
c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
d) Estimated delivery date(s) [and time(s)][.] OR [;]
e) [<<insert additional information if required>>]
10.5 [We will also include a paper copy of your Order Confirmation with your Goods.]
10.6 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
10.7 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set. We believe this to be fraudulent.
11. Payment
11.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
11.2 We will not charge your chosen payment method until We dispatch the Goods.
11.3 We accept the following methods of payment:
Paypal, Credit Card, Debit Card.
11.4 [We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 10% per annum above the base lending rate of Lloyds Bank Plc. from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
11.5 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5.]
12. When You Own the Goods
Ownership of the Goods passes to you once We have received payment in full of all sums due.
13. Delivery
13.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
13.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
13.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
13.4 [If you are collecting the Goods from Us instead of having them delivered to you, they can be collected during Our business hours of 9am – 7pm Mon - Sat.]
13.5 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
13.6 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
13.7 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
a) We have refused to deliver the Goods;
b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
13.8 If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
13.9 You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery