Terms and Conditions Of Use
(Last updated 11/09/2015)
“You” means you, the user of the Bouf.com Site and “your” shall be interpreted accordingly. “We/us” means Bouf Limited and “our” shall be interpreted accordingly. “Bouf.com Site” shall have the meaning as set out above. “User Information” means the personal details which may be provided by you to us via the Bouf.com Site. “Users” means the users of the Bouf.com Site collectively and/or individually as the context admits. “Website” and “Site” means a site on the World Wide Web.
We may change these Terms from time to time, along with any other policies on the Bouf.com Site, and you should check these regularly. Your use of the Bouf.com Site will be deemed an acceptance of the terms, conditions and policies existing at that time. We reserve the right to change these Terms from time to time. These Terms, in conjunction with any other applicable policies available at the Bouf.com Site, govern the relationship between ourselves and you and will remain in force for the duration of our relationship.
We will use reasonable endeavours to verify the accuracy of any product or pricing information which We place on the Bouf.com Site but we make no warranties (whether express or implied) in relation to the accuracy of such information, since much of the information is published by third-party sellers.
The contract between the buyer (“Buyer) and seller (“Seller”) will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England in the United Kingdom.
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately. You acknowledge that by posting materials on the Bouf.com Site you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Bouf.com Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Limitation of Liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in these Terms is intended to affect your rights under the law. If we breach these Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Bouf Limited at the time of you placing your order, and such order being dispatched. We shall only be liable for the greater of: (a) 100% of the fees we have received for our services as part of any transactions to which you have been a party in the previous 12 months; or (b) £100. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control. For the avoidance of doubt, material which is posted on any bulletin boards or chat forums is written by Users and we are not responsible for and do not endorse such material.
Conditions Relating to Your Use of Bouf.com
If you use the Bouf.com Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your account area of the Bouf.com Site.
We reserve the right to refuse access to the Bouf.com Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Access to Bouf.com Site
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Bouf.com Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for Bouf.com Site access
We grant you a limited licence to access and make personal use of the Bouf.com Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bouf Limited. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Bouf.com Site or any portion of the Bouf.com Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bouf Limited or Bouf.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Bouf Limited or its affiliates’ names or trademarks without the express written consent of Bouf Limited. Any unauthorised use terminates the permission or license granted by Bouf Limited.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of the Bouf.com Site as long as the link does not portray Bouf Limited, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logos of Bouf Limited or its affiliates or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the Bouf.com Site in any way that causes, or is likely to cause, the Bouf.com Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Bouf Limited, are responsible for all electronic communications and content sent from your computer to us and you must use the Bouf.com Site for lawful purposes only.
You must NOT use the Bouf.com Site for any of the following:
(A) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
(B) to cause annoyance, inconvenience or needless anxiety
(C) to manipulate transactions in ways that are unfair to other Users or to Bouf Limited.
User’s Rights and Obligations
You warrant and represent to us that the information you provide to us is true and correct and that you, the user, will resolve any dispute directly with the Seller, with our assistance as necessary and not through attempting to revoke an Electronic Money purchase transaction.
Bouf Limited sets limits on the amount and number of transactions completed through the Service during a set time period (“Velocity Limits”) for both Buyers and Sellers. For security reasons, Bouf Limited does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by your credit/debit card issuer. When a Velocity Limit is reached, affected parties will be notified that additional transactions that are completed during the applicable time period must be settled directly between the Buyer and Seller and not through Bouf Limited.
Buyers must inspect any items purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the Seller in the item’s listing and to ensure that the product is safe.
Reviews, comments, communications and other content
Users of the Bouf.com Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Bouf Limited reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant Bouf Limited and its affiliates a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Bouf Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Bouf Limited, including the execution of deeds and documents, at the request of Bouf Limited.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to the Bouf.com Site: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Bouf Limited policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Bouf Limited and Bouf.com and its affiliates for all claims brought by a third party against Bouf Limited or its affiliates arising out of or in connection with a breach of any of these warranties.
Because Bouf.com lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Bouf.com operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the Bouf.com Site contains a defamatory statement, please notify us immediately by emailing firstname.lastname@example.org. Once this procedure has been followed, Bouf Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
Copyright, authors’ rights and database rights
All content included on the Bouf.com Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bouf Limited, its affiliates or its content suppliers and is protected by international copyright, authors_ rights and database right laws. The compilation of all content on the Bouf.com Site is the exclusive property of Bouf Limited and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on the Bouf.com Site is the property of Bouf Limited, its affiliates or its software suppliers and is protected by international copyright and authors_ rights laws. You may not systematically extract and/or re-utilise parts of the contents of the Bouf.com Site without Bouf Limited’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Bouf.com Site, without Bouf Limited’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of the Bouf.com Site without Bouf Limited’s express written consent. Bouf Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Bouf Limited immediately providing details of the infringement.
BOUF.COM, BOUF LIMITED, THE BOUF LIMITED LOGO, THE BOUF LOGO, THE BOUF.COM LOGO, GIFTS WITH A TWIST, DESIGN LED LIVING and other marks indicated on the Bouf.com Site are trademarks or registered trademarks of Bouf Limited, in the European Union and other jurisdictions. Bouf Limited’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Bouf Limited. Bouf Limited’s trademarks and trade dress may not be used in connection with any product or service that is not Bouf Limited’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bouf Limited. All other trademarks not owned by Bouf Limited that appear on the Bouf.com Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bouf Limited.
Should you wish to make any comments to us about the Bouf.com Site or if you have any questions relating to the same please contact us.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Bouf Limited to you. For conditions relating to the sale by third parties to you on the Bouf.com Site, see the Website User and Seller Participation Agreement.
When you place an order to purchase a product from the Bouf.com Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send your e-mail receipt to you. In most situations, the Seller will not send you confirmation of dispatch, however you can check details of your order and its dispatch status in your account on the Bouf.com Site. Any products on the same order which we have not confirmed in your e-mail receipt do not form part of that contract.
Discount Voucher Codes
Bouf Limited often distributes voucher codes for a monetary value or discount off your order. Sellers may opt-out of voucher-code campaigns, and certain items (such as gift vouchers) may not be bought using voucher codes.
The Bouf.com Site uses PayPal, a secure payment processor for the safe collection of your payment details. PayPal (http://www.paypal.co.uk), has been approved by a number of banks to facilitate internet transactions on our behalf. All the information you pass at the payment page (including your credit or debit card numbers) are encrypted using Secure Sockets Layer (SSL) software. The information is securely passed to PayPal to organise payment processing. The information passed at the payment page is not held in clear text on any web site involved in this process.
To ensure that your card is not being used fraudulently, PayPal carries out a series of security checks with your bank to verify your details and authorise your purchase. The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made to order items your account may have been debited well in advance of you receiving your goods. We are keen to stress that any orders can be cancelled during our 14-day cooling off period, and that in such instances a full refund is guaranteed subject to the terms described in our Returns and Refunds Policy which you can read here. There may be exceptions to our Returns and Refunds policy for made-to-order items. We would advise that you please retain your Bouf.com order reference number and receipt as proof of purchase. This will be sent to you by e-mail immediately after we receive your order. If you have any queries on when you will receive your goods, please first check your account or contact us via our contact page.
All orders placed through the Bouf.com Site will be subject to our acceptance of the order, and all goods are sold subject to availability.
All prices shown on the Bouf.com Site are inclusive of any VAT, duties or other taxes applicable to the item. Since some of our items are being sold by sellers located internationally, all of our Sellers are advised to include any duties into the price of the item. Please note that you may be subject to your own local tax/import duties, if the item is being shipped from outside of your specified delivery country. We state each seller’s country in the product detail page and checkout, so that you can determine whether you would like to proceed with an order. We do not assume any responsibility for local tax/import charges. If you are in any doubt we recommend you check with your local Customs & Excise Office before making a purchase.
You may order online using your credit or debit card (We accept Visa, Switch, Delta, Mastercard, Solo, Amex, Maestro, Visa Electron and PayPal).
Our Sellers will deliver to a selection of countries worldwide. Please check upon ordering the item that the Seller ships to your country – if they do not, when you proceed through the checkout and enter your delivery country the item will be removed from the basket. This information is displayed in a “Shipping Information Table” featured on every product detail page. Dispatch & delivery times vary according to the item and the Seller.
Shipping rates vary according to the Seller and the item. Be sure to check the shipping rates when placing your order. Often our Sellers offer free shipping if you purchase over a certain amount from the Seller in one order. This information is also available in the shipping information Table featured on each product detail page.
Please review our Returns and Refunds Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of fourteen business days. Items that are expressly made-to-order are exempt from this, and are not entitled to be returned in accordance with the Consumer Contracts Regulations. Details of this statutory right and an explanation of how to exercise it are provided in the Returns Policy.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the Bouf.com Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
For more details, please review our Pricing and Availability Policy, which apply to products ordered from us.
When ordering goods from the Bouf.com Site for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from the Bouf.com Site, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers, and customers dispatching products internationally, to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Health & Safety
By purchasing any product from Bouf Limited, and particularly Home & Garden goods, you acknowledge that you have read and understood our Health & Safety Guidelines.
Bouf Limited does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use the Bouf.com Site only with the involvement of a parent or guardian.
We use reasonable care to prevent material likely to give offence or which is unsuitable for children being displayed on the Bouf.com Site. There are, however, certain products that we sell which are unsuitable for children (e.g. Certificate 18 or 15 videos / DVD’s). By placing an order for products with age restrictions you declare that you are of legal age to purchase those products. Should you see material which in your view is offensive then please contact us using the Contact Us section on the Bouf.com Site.
The Seller’s listing of an item for sale constitutes an offer to each Buyer to purchase the item at that price and the act of clicking on the “Add to Basket” button by you constitutes acceptance of that offer. Such acceptance will become effective on receipt by the Bouf.com Site of such act. A Seller may retract an item listed for sale at any time but is bound by any offers accepted prior to the retraction.
Parties other than Bouf Limited and its subsidiaries operate stores, provide services, or sell product lines on this website. For example, businesses and individuals offer products via their Seller’s accounts, also known as “eShops” or “microshops”. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Bouf Limited and Bouf.com do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We make clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their own privacy statements and other conditions of use.
When you visit the Bouf.com Site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Bouf.com Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Alteration of Service or Amendments to the Terms and Conditions of Use
We reserve the right to make changes to the Bouf.com Site, policies, and these Terms and Conditions of Use at any time. You will be subject to the policies and conditions of the Terms and Conditions of Use in force at the time that you use the Bouf.com Site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver and Indemnity
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If you are a business User, you agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Bouf.com Site.
We reserve the right immediately to terminate your use of the Bouf.com Site if you breach or we have reasonable grounds to believe that you are likely to breach these Terms or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Bouf, and Bouf.com are the trading names for Bouf Limited.
This Bouf.com Site is owned and operated by Bouf Limited.
For the Bouf.com Site:
4 Winsley Street,
London W1W 8HF
Registered in United Kingdom.
Company No. 6004196
United Kingdom VAT Reg. No. 894291091