Terms & Conditions of Service
The Boma Garden Centre Ltd — Company Registration No. 3538351
By visiting our site or purchasing from us, you agree to be bound by the following Terms of Service, including any additional terms and conditions referenced herein. Please read these Terms carefully before accessing or using our website. If you do not agree, you may not access the website or use any services.
We reserve the right to update these Terms at any time by posting changes to this page. Your continued use of the website following any changes constitutes acceptance of those changes.
1 – Website and Webshop Online Store Terms
By agreeing to these Terms of Service, you confirm that you are 18 years of age or older, or are accessing the site with the consent of a legal guardian.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not attempt to hack this website, transmit any malicious code, worms or viruses, or use this site as a vehicle to send harmful code to third parties or to us.
You may not access or modify information on this website without the express permission of The Boma.
A breach or violation of any of these Terms will result in immediate termination of our Services and may be subject to prosecution under the laws of the United Kingdom.
2 – General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your information (excluding credit card and alternative payment method information) may be transferred unencrypted across various networks and may be subject to changes necessary to conform to technical requirements of connecting networks or devices.
Our payment gateways transfer all credit card, debit card, bank account and alternative payment method information with encryption during transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any content) without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
5 – Products, Services, Delivery and Returns
All products or services available online may have limited quantities and are subject to our Delivery Policy and Returns Policy.
We have made every effort to display product colours and images as accurately as possible. Actual products may differ from pictures and descriptions displayed on the website. We cannot guarantee that your monitor’s display of any colour will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction on a case-by-case basis. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, or orders using the same billing or shipping address. If we change or cancel an order, we will attempt to notify you via the email, billing address or phone number provided at the time of ordering.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account details — including email address, credit card numbers and expiration dates — so that we can complete transactions and contact you as needed.
7 – Optional Tools
We may provide you with access to third-party tools, such as delivery tracking, over which we have no control or input. Such tools are provided “as is” and “as available” without any warranties or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools is entirely at your own risk. You should ensure you are familiar with and approve of the terms provided by the relevant third parties.
We may also offer new services or features through the website in the future. Such new features or services shall also be subject to these Terms of Service.
8 – Gift Vouchers
Gift vouchers entitle the holder to products equal to the value stated on the voucher, including VAT. Gift vouchers are not partially redeemable and may not be exchanged (partly or wholly) for cash. They may only be used once for products at the garden centre and are not valid for purchases on The Boma webshop.
The Boma retains the right to refuse to redeem a gift voucher if we suspect any fraud relating to it. We are not liable for lost gift vouchers and cannot replace them.
9 – Third-Party Links
Certain content, products and services available through our website may include materials from third parties. Third-party links on this site may direct you to third-party websites — such as social media content or industry references — with which we are not affiliated. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any third-party materials, websites, products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources or content from any third-party websites. Please review third-party policies carefully before engaging in any transaction. Complaints or concerns regarding third-party products should be directed to the relevant third party.
10 – User Comments, Feedback and Other Submissions
If you voluntarily send us submissions — including ideas, comments, suggestions, proposals or other materials — whether online, by email, by post or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate or otherwise use such submissions in any medium. We are under no obligation to maintain submissions in confidence, pay compensation for them, or respond to them.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material, or any malware that could affect the operation of the Service.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
11 – Personal Information & Privacy Policy
Our Privacy Policy governs your submission of personal information through the store.
12 – Content Errors, Inaccuracies and Omissions
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service except as required by law.
13 – Prohibited Use of Site Content
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content for any of the following:
- Any unlawful purpose
- Soliciting others to perform or participate in unlawful acts
- Violating any international, national, provincial or local laws, regulations or ordinances
- Infringing upon or violating our intellectual property rights or those of others
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
- Submitting false or misleading information
- Uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the Service, any related website or the Internet
- Collecting or tracking the personal information of others
- Spamming, phishing, pharming, pretexting, spidering, crawling or scraping
- Any obscene or immoral purpose
- Interfering with or circumventing the security features of the Service, any related website or the Internet
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained from use of the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice. Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are (except as expressly stated by us) provided ‘as is’ and ‘as available’, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall The Boma, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages — whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured through it.
15 – Indemnification
You agree to indemnify, defend and hold harmless The Boma and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand — including reasonable legal fees — made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
16 – Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
17 – Termination of Services
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site.
If, in our sole judgement, you fail or we suspect you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.
18 – Right to Cancel Orders
Our terms for cancellation and refunds are set out in The Boma Returns Policy. By accessing, browsing or purchasing from this website, you agree to the terms of that policy.
19 – Refunds of Damaged or Missing Products
In cases of damaged or missing products from purchases made on our website, you may be entitled to a refund of the cost of the affected products, excluding shipping costs. If you do not report a damaged or missing product within 30 days of receipt, we reserve the right to refuse a refund or replacement.
We may ask for photographic evidence of any damage before processing a refund or replacement. Where damage is minor, cosmetic or superficial, The Boma may, at its discretion, provide a voucher in lieu of a refund or replacement.
20 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
22 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
23 – Contact Information
Questions about the Terms of Service should be sent to us at [email protected].