Terms and Conditions of Sale

 

Please read the following important terms and conditions before you buy anything on our site.

 

Who we are

Boudavida Limited is registered in England and Wales under company number: 9829826.

We are situated at: Kilver Court, Kilver Street, Shepton Mallet, Somerset BA4 5NF.

Our VAT number is: 236487776.

 

How to contact us

You can contact us by email at: contact@boudavida.com or by post by writing to us at Boudavida Limited, Kilver Court, Kilver Street, Shepton Mallet, Somerset BA4 5NF.

 

Summary of your legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

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 an immediate refund within a period of up to 30 days if your goods are faulty. 

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • We, us or our means Boudavida Limited; and
  • You or your means the person using our site to buy goods from us.

If you don't understand any of this contract and want to talk to us about it, please contact us by: email contact@boudavida.com, Monday to Saturday 9am to 5pm.

 

Introduction

If you buy goods on our site you agree to be legally bound by this contract.

You may only buy goods from our site for non-business reasons.

This contract is only available in English. No other languages will apply to this contract.

When buying any goods you also agree to be legally bound by:

  • our website terms and conditions and any documents referred to in them;
  • extra terms which may add to, or replace some of, this contract. This may happen for legal reasons. We will contact you to let you know if we intend to do this and you can end this contract before the changes take effect; and
  • any specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.

All these documents form part of this contract as though set out in full here.

 

Ordering goods from us

Below, we set out how a legally binding contract between you and us is made.

You can place an order on the site by going through the order process on our shopping pages. Please read and check your order carefully before submitting it. However, if you do need to correct any errors after submitting, you can do so by emailing us at contact@boudavida.com as soon as possible after placing your order.

When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

We may contact you to say that we do not accept your order. This is typically for the following reasons:

the goods are unavailable;

  • we cannot authorise your payment;
  • you are not allowed to buy the goods from us;
  • we are not allowed to sell the goods to you;
  • you have ordered too many goods; or
  • there has been a mistake on the pricing or description of the goods.

We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

  • a legally binding contract will be in place between you and us; and
  • we will dispatch the goods to you.

If you are under the age of 18 you may buy any goods from the site. 

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Right to cancel this contract or to exchange

You have the right to cancel this contract within 30 days of receiving the goods without giving any reason. If your goods are split into several deliveries over different days you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

If you decide to cancel the contract then please:

      • return the goods in the same reusable packaging in which your order was delivered without undue delay and in any event not later than 30 days of delivery;
      • follow the instructions as to how to return your goods which are set out on the invoice which will be with your delivery. The invoice has a peel off sticker for payment of the return postage.

To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. via email or in writing by post) or you can use the model cancellation form attached to these terms.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

We are able to exchange items for a different colour or size to the same value as the original order. To exchange an item for a product or lesser or greater value than the original order, we will need to refund the cost of the first purchase and ask you to place a new order.

To exchange:

      • follow the above instructions, by returning the goods in the same reusable packaging in which your order was delivered without undue delay and in any event not later than 30 days of delivery;
      • indicate that you would like an exchange either by emailing us or by writing on the enclosed paper slip that came with your order;
      • once we have received your items, we will ship your exchange request free of charge, unless the order was placed outside of the UK.
 

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, excluding costs of delivery.

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than:

      • 14 days after the day we received back from you any goods supplied; or
      • (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
      • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you have received goods then please:

      • note that you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
      • note that you are responsible for the returned goods until they are received by us. We strongly recommend that you obtain proof of posting from a post office when you return goods to us.
 

Delivery

We use the Royal Mail to deliver our goods. If you want to see your delivery options, visit our webpage before you place your order.

The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 2.2.3).

If something happens which:

      • is out of our control; and
      • affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

Delivery of the goods will take place when we deliver them to the address that you gave to us.

Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

      • let you know;
      • cancel your order; and
      • issue you a refund.

You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

If you wish to order goods outside the UK you will need to contact us to establish whether we are able to deliver to your location and if so, the cost of shipping.

We may deliver your goods in instalments but we will inform you of this.

All orders are shipped from the UK. Please note that international shipments are subject to customs duties or import taxes relevant to the region and these are your responsibility. You should check with your local customs office for further information.

 

Payment

We accept payment by Paypal and we accept the following credit cards, debit cards and methods of payment: 

Mastercard

      • Visa
      • Maestro
      • Amex
      • Boudavida Limited gift vouchers.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Your credit card or debit card will only be charged when the goods are dispatched.

If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

Nothing in this clause affects your legal rights to cancel the contract during the period of time under Clauses 3 and 4.

The price of the goods:

      • is in pounds sterling (£)(GBP); 
      • includes VAT at the applicable rate; and does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage before you place your order).

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

TOTUM Student Discount

Discount redeemable with a valid TOTUM membership card on the Boudavida e-boutique or in our retail store.

If using your TOTUM card on our website, please enter the The discount will be applied when you enter your TOTUM card number in the discount field at basket or checkout. To redeem in-store, please present your TOTUM card at the point of purchase.

Discount cannot be used in conjunction with any other discount code or promotional offer unless specified.

Your student discount cannot be used to purchase a Boudavida gift card.

Boudavida reserves the right to withdraw this offer at any time.

 

Nature of the goods

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods that we supply:

      • are of satisfactory quality;
      • are fit for purpose; and
      • match the description, sample or model.

We must provide you with goods that comply with your legal rights.

The packaging of the goods may be different from that shown on the site.

While we try to make sure that:

      • all sizes and measurements set out on the site are as accurate as possible; and
      • the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

Any goods sold:

      • at discount prices;
      • as remnants; or
      • as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

 

Faulty goods

Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. If you require more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

Please contact us using the contact details at the top of this page, if you want us to replace the goods or to reject the goods and get a refund.

 

End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

      • losses that:
        • were not foreseeable to you and us when the contract was formed; or
        • that were not caused by any breach on our part;
      • business losses; and
      • losses to non-consumers.
 

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with:

      • the goods;
      • our service to you; or
      • any other matter;

please contact us as soon as possible.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk. In addition, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform

If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

Relevant United Kingdom law will apply to this contract.

 

Your Personal Information

We will use the personal information you provide to us:

      • to supply the products to you;
      • to process your payment for the products; and
      • if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.

 

Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

 

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Boudavida Limited

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date


[*] Delete as appropriate

 

 

Giveaway: Christmas Giveaway 2018

This competition (‘Boudavida Christmas Giveaway’) is subject to the following terms and conditions. To enter a competition all entrants must comply with the entry requirements set out in the Competition Information and these Terms. The entrant acknowledges that failure to comply with the Competition Information or these Terms may result in his/her disqualification from the competition. Boudavida reserves the right to amend and update these Terms at their sole discretion from time to time and such changes will become effective as soon as they are published on the website.

The prize: A different prize willl be given out each day from 1st December to 12th December 2018. 1 winner per day will be selected at random after entering the competition.

Unless otherwise stated in the Competition Information, no purchase is necessary to enter the competition. Only one entry is permitted per household per day via online route of entry, and no bulk or third party entries are permitted. Only one prize per customer is permitted. We shall not include any entries which, in our reasonable opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number.

Entrants cannot be an employee of Boudavida Ltd. Competition is open to residents of the United Kingdom only.

The closing date for receipt of entries is 12th December 2018. The winners will be drawn at random from all valid entries, and will be notified through social channels within 1 week of the end of the competition.

Should we be unable to contact a winner, for any reason, within 7 days of the closing date or otherwise specified, or if a winner is unable to accept the prize, we reserve the right to award the prize to an alternative winner, drawn in accordance with these terms and conditions.

All entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them, and agree to co-operate in any publicity that may arise which may include their name or image being used on websites, magazines or mobile Site at any time as a result of the competition.

By providing personally identifiable information when entering this free prize draw, Boudavida may use it to provide you with ongoing information about their products and services. Boudavida will not rent, sell or lease this personally identifiable information to other companies or individuals.  

We reserve the right to disqualify or not award a prize to an entrant who we consider (at our sole discretion) is in breach of these Terms or the Competition Information. Where we consider it appropriate we may allocate the prize to another eligible entrant if the winner is disqualified.

To enter this competition you are required to provide your postal address so that we may send your prize out to you. Your details will be treated in confidence and will never be given to any other third parties. You will not have to pay for postage if you are selected as a winner. Prizes cannot be exchanged or refunded and there is no cash alternative. The prize is non-transferrable. Prizes are subject to availability. We reserve in all cases the right to replace the stated prizes with other prizes that we consider to be of broadly equivalent value.

Entrants are required to give the size they require for some items if they are selected as a winner of the competition. Any enquiries regarding the competition or prizes should be brought to Boudavida by the close of the competition.

These Terms (including in respect of any non-contractual obligations) are governed by English law and any disputes arising in connection with a competition and/or these Terms (including in respect of any non-contractual obligations) will be subject to the exclusive jurisdiction of the courts of England.

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Address :
Kilver Court Designer Village, Kilver Street,
Shepton Mallet,
Somerset - BA4 5NF
United Kingdom.
Tel : 01749 347303
Email : contact@boudavida.com
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