General Terms of Sale

GENERAL INFORMATION

These terms and conditions ('Terms of Sale') set out the terms and conditions which apply to our, Boop Beauty Limited (‘us’, ‘we’ and ‘our’), sale of goods and services (together, the ‘products’) to you via our website www.boopbeauty.co.uk ('Website').
Please read these Terms of Sale carefully before you submit an order to us as they affect your rights and liabilities under law and tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
We recommend that you print a copy of these Terms of Sale for your future reference as we will not file a copy of these Terms of Sale specifically in relation to your order.
If you have any queries regarding these Terms of Sale then please contact our customer services team by visiting the Contact Us page.

WHO WE ARE AND HOW TO CONTACT US

We are Boop Beauty Limited (trading as Boop).
We are a limited company registered in England and Wales under company number 14767299, whose registered office address is at Cumberland Court, 80 Mount Street, Nottingham, England, NG1 6HH. Our main trading address is Cumberland Court, 80 Mount Street, Nottingham, England, NG1 6HH. Our VAT number is GB449033102.
To contact us, please reach out to our customer services team by visiting the Contact Us page.
If we have to contact you we will do so by telephone, WhatsApp or by writing to you at the email address or postal address you provide to us in your order or submit to us.
We try our best to ensure that your experience as a customer of ours is a positive one and want to hear from you if you have any cause for complaint. If you have any queries, complaints or problems with the products, please contact our customer services team team by visiting the Contact Us page and provide full details of the nature of your complaint.

OTHER TERMS THAT APPLY TO YOU

These Terms of Sale refer to the following additional terms and conditions, which also apply to your purchase of the products:

Our Returns & Refunds Policy , please see sections 11 (Your rights to end the contract) and section 12 (Cancelling and returning products if you change your mind) for more information about this.
Our Privacy Policy , please see section 5 (How we may use your personal information) for more information about this.
Our Cookie Policy , which sets out information about the cookies on our Website.

YOUR STATUS

By placing an order with us, you are confirming that: (a) you are legally capable of entering into binding contracts; (b) you are at least 16 years of age; (c) you are a consumer (i.e. for private use as opposed to business use); and (d) the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You must notify us immediately of any changes to your personal information by e-mailing our customer service representatives ( support@boopbeauty.co.uk )

HOW WE USE YOUR PERSONAL INFORMATION

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Information Commissioner's office.
You authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

OUR PRODUCTS

We have made every effort to ensure that the products conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the products, when displayed on an electronic device. In addition, products may have different external packaging to the photographs on our Website and items with aesthetic defects, such as dents or missing boxes, will also appear different to the photographs on our Website.
We do not represent or warrant that particular products will be available. Please see section 8.6 (What happens if we cannot accept your order) for information about what happens if the products are not available.

OUR RIGHT TO MAKE CHANGES

We have the right to make minor changes to the products without notifying you in order to conform with any applicable safety or other legal or regulatory requirements or implement minor technical adjustments and improvements. These changes will not affect your use of the products.
We may also make reasonable changes to the products or these Terms of Sale but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect.

OUR CONTRACT WITH YOU

Our Website will guide you through the ordering process.
Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms of Sale carefully before submitting your order. If you are unsure about any part of these Terms of Sale, please ask us for clarification.
Our acceptance of your order will take place when we email you confirming our acceptance (‘ Order Confirmation’), at which point a contract between you and us will come into existence.
Automated acknowledgements of your order which you may receive from us do not amount to our acceptance of your offer to purchase products advertised on our website.
The contract will relate only to those products confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
If we cannot accept your order, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. This may be because the product is unavailable or because we have identified an error in the price or description of the product.
If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days).
Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order as once submitted you will not be able to make changes to it.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

DELIVERY

Information about delivery times and costs will be set out at ‘Checkout’ and orders will be delivered to the address you specify. Please see our Delivery Information page for more details.
If your order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.
If you are not home when the goods are delivered we may leave the goods in a safe location or, if no one is available to accept delivery, re-deliver the goods on a different day.
In the unlikely event that we fail to deliver within the time specified or, if no time has been specified, within 30 days of our Order Confirmation (or as otherwise agreed), you may end the contract if: (a) failure to deliver was caused by us refusing to deliver your goods; or (b) in light of all relevant circumstances, delivery within that time period was essential.
If you do not wish to cancel, or none of the circumstances described above apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract.
If you have the right to end the contract under sections 9.4 or 9.5 you may instead cancel or reject part of your order 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 will be refunded to you within 14 days.
Please note that if any cancelled goods are delivered to you, you must return them to us or arrange with us for their collection within 14 days from the date of cancellation or delivery (whichever is later). Please refer to our Returns & Refunds Policy for information on returns costs.
If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and section 13 (Our rights to end the contract) will apply.
Delivery will be deemed to have taken place when the goods have been delivered to the delivery address specified by you in your order and you (or someone identified by you) have taken physical possession of the goods.
The responsibility (sometimes referred to as ‘risk’) for the goods remains with us until the goods have been delivered to the delivery address specified by you in your order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the goods from the delivery address which you specified.
You own the goods only once we have received payment in full of all sums due (including any delivery charges).

PRICE AND PAYMENT

All prices (including delivery charges) shown on the website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Order Confirmation).
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account on the dispatch of your goods or provision of the service to you.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with section 8.3, we are not required to sell the products to you at the price shown.
We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.

YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see section 14 (Faulty, damaged or incorrect products) for more information about this;
If you want to end the contract because of something we have done or have told you we are going to do, see section 11.2 below;
if you have just changed your mind about the product, see section 12 (Cancelling and returning products if you change your mind). You may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
in all other cases (if we are not at fault and there is no right to change your mind), see section 11.3 below.

If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see section 8.2);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside of our control (see section 16 (Events outside of our control) for more information about this);
we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see sections 9.4 and 9.5)).

Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract before it is completed, just contact us to let us know.
We will refund any advance payment you have made for products which will not be provided to you.

CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND

As you are purchasing the products as a consumer (i.e. for private use as opposed to business use), you have a 14 day right to cancel the contract between us and you for any reason (this is often called the ‘cooling off period’).
For goods, the 14 day period starts running on the day on which you acquire physical possession of the goods (i.e. the day the goods are delivered to you).
Please see our Returns & Refunds Policy which sets out information on how you can contact us about a return and arrange for products to be returned to us.
Unless stated otherwise in our Returns Policy, you are responsible for the cost of returning goods.
Please note that you may lose your legal right to cancel if: (a) the goods have been personalised; (b) the goods were sealed for hygiene reasons and become unsealed after delivery; (c)the goods are not suitable for return due to health protection or hygiene reasons; or (c) by reason of their nature, the goods cannot be returned or are liable to deteriorate or expire rapidly.
Refunds under this section 12 will be issued to you within 14 days from: (a) the day on which we receive the products back; (b) the day on which you inform us (with evidence) that you have sent the products back (if this is earlier than the day we receive the products); or (c) if we have not yet provided any Order Confirmation or have not yet dispatched the products, the day on which you inform us that you wish to cancel the contract.
Refunds under this section 12 will be made using the same payment method that you used when ordering the products, unless you specifically request that we make a refund using a different method.

OUR RIGHTS TO END THE CONTRACT

We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 4 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If we end the contract in the situations set out in section 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 12 hours in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

FAULTY, DAMAGED OR INCORRECT GOODS

By law, we must provide products and services that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided to you before you place your order, and that match any samples that you have seen or examined (unless we have made you aware of any differences).
If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:

30 day right to reject: Beginning on the day that you receive the goods you have a 30 day right to reject the goods and to receive a full refund (this is called the ‘short term right to reject’). Please note if any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period. If you are exercising your short term right to reject, it will be your responsibility to prove that the products are defective, faulty or incorrect. Similarly it will also be your responsibility to prove that the goods are defective, faulty or incorrect once 6 months have passed since you received the goods. if you exercise the final right to reject the goods more than 6 months after you have received the goods, we may reduce any refund to reflect the use that you have had out of the goods.
Repair or replacement: If you do not wish to reject the goods, or if the short term right to reject has expired, you may request that the goods be replaced or repaired. We will bear any associated costs and will provide the repair or replacement (as applicable) within a reasonable time and without significant inconvenience to you.
Refund: In certain circumstances, where a repair or replacement is impossible or disproportionate, we may instead offer you a full refund. In addition, if we have repaired or replaced the goods and they still do not conform then you have the right either to keep the goods at a reduced price, or reject them in exchange for a refund (this is called the ‘final right to reject’).

You will not be eligible to claim under this section if:

we informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you now wish to return them);
you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or
if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

Please also note that rights set out in this section 14 do not allow you to return the goods because you have changed your mind. Please instead refer to section 12 (Cancelling and returning goods if you change your mind) which sets out information about your rights if you change your mind.
We will be fully responsible for the costs of returning goods under this section 17 and will reimburse you where appropriate.
Refunds under this section 14 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
Any and all refunds issued under this section 14 will include all delivery costs paid by you when the goods were originally purchased and will be made using the same payment method that you used when ordering the goods, unless you specifically request that we use a different method.

OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
We are not responsible for loss which is not foreseeable.
If we fail to comply with these Terms of Sale, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
Please note that nothing in these Terms of Sale seeks to exclude or limit any of your rights as a consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

EVENTS OUTSIDE OF OUR CONTROL

We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any goods you have paid for but have not received.

WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms of Sale to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Sale.

YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE

You may only transfer your obligations and rights under these Terms of Sale if we agree in writing.

NOBODY ELSE HAS RIGHTS UNDER THESE TERMS

Only you and us are entitled to enforce these Terms of Sale. Nothing in these Terms of Sale shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms of Sale against us.

INVALID PARTS OF THESE TERMS

If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions of the Terms of Sale.

EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER

Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms of Sale will not limit or restrict the future exercise or enforceability of those rights.

GOVERNING LAW & JURISDICTION

These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

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