Terms and Conditions

Terms & Conditions

Introduction

  • As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. “Decobooster” or “we/our/us” means Resolvio Ltd trading as Decobooster, a company registered in United Kingdom (Company Number 15143968) and with its registered office at (address). Please read this agreement carefully and save it and if you do not agree with it, you should leave Our Website immediately.

 

  • By using this Website and/or placing an Order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound these terms and conditions hereunder, do not use or access this Website. You must read and accept all the terms and conditions contained herein before you may use or access the Website in any way.

 

  • Please note, with regards to any telephone calls between us, we can record all telephone conversations to assist with training and to ensure the best service is being provided.

Definitions

In this agreement:

“Carrier”

also “courier” – means any person or business contracted by us to carry Goods from us to you.

“Content”

means any content in any form published on Our Website by us or any third party with our consent.

“Goods”

means any of the goods we offer for sale on Our Website Decobooster.com or Decobooster.co.uk or, if the context requires, goods we sell to you.

“Our Website”

means any website of ours and includes all web pages controlled by us like Decobooster.com and Decobooster.co.uk

“Post”

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

 

Condition

  • Differences – There can be a colour and pattern variation between our 9mm, 8mm, and 5mm panels bearing the same name. These panels are often manufactured at different sites which will naturally result in colour, pattern, and batch variances.
  • Pattern repeats – our panels are each printed with individual patter. While the pattern repeat will be very discreet across many of the designs we offer, some products, such as our marble panels, are deliberately designed to replicate an authentic marble slab.
  • Failed deliveries – If a failed delivery results in the cancellation of your order instead of an arranged re-delivery, your order will be refunded minus a carriage fee of £29.99 to cover the cost of the initial delivery. 

1.     Interpretation

In this agreement unless the context otherwise requires:

  • a reference to a person is a reference to one or more individuals, whether formally in partnership, or to a corporation, government body, or other association or organisation.
  • these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
  • any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
  • except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
  • in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
  • the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
  • a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
  • in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party,
  • these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
  • this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2.               Our contract with you

  • This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
  • Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
  • If you use Our Website in any way and make an order on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
  • Because we rely on our suppliers, we / We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
  • The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
  • If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
  • We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
  • The description of the Services and any Goods on our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  • The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • Product colour variation may appear different on the website to physical products, this can be due to lighting and/or screen resolution (whilst browsing online). On this basis varied colour distortion will not be accepted as a refund condition.

3.               Acceptance of your order

  • Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
  • Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
  • If we do not have all the Goods you order in stock, we will offer you alternatives. If this happens you may:
    • accept the alternatives we offer;
    • cancel all or part of your order.
  • No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
  • Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
  • Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 5 days from its date, unless we expressly withdraw it at an earlier time
  • Product colour variation may appear different on the website to physical products, this can be due to lighting and/or screen resolution (whilst browsing online). On this basis varied colour distortion will not be accepted as a refund condition

4.               Price and payment

  • The price payable for the Goods that you order is clearly set out on Our Website.
  • It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
  • Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.
  • If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
  • Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
  • Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
  • If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, if we notify you before we dispatch it to you.
  • The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order, and which will be displayed on a page of Our Website before we ask you to pay.
  • If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.
  • No Products will be despatched until payment has been received.
  • We are not accepting cash cheques.
  • All payments must be cleared and received before any Products are dispatched

5.               Security of your credit card

We take care to make Our Website safe for you to use.

  • Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
  • If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6.               Cancellation and refunds

  • This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  • If you have received Goods in connection with the Contract which you have cancelled, you must send back the goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. All goods must be packaged and in original packaging and in good condition as you received them in. Failure to return goods in original manner will result in a return rejection. In the event goods have been returned within 14 days of receipt of delivery, a restocking/handling charge of 25% of the goods returned will be made by the company.
  • Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
  • We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
    • We will return your money subject to the following conditions:
      • we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
      • you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
    • You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
    • In any of the above scenarios, we will return your money within 14 days.
    • You must tell us by email message to [address] that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue returns note. If you send Goods to us without returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

7.               Liability for subsequent defects

  • Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the Goods, we shall assume that you have accepted them.
  • The procedure to return the faulty Goods is as follows:
    • the Goods must be returned to us as soon as any defect is discovered but not later than four weeks from receipt by you.
    • please follow the returns procedure provided on our website / set out on the reverse side of the delivery note we sent to you with the Goods / which we will send to you as soon as you notify us that you wish to return them.
  • If any defect is found, then we shall:
    • repair or replace the Goods, or
    • refund the full cost you have paid including the cost of returning the Goods.

8.               Delivery

  • Goods are delivered within 45 days from the day you place an order to purchase the Goods. Delivery dates are approximate only and not an essential term of the Agreement. Decobooster shall have no liability in respect of delay in delivery to the Customer.
  • Completed Orders will be sent to the delivery address that you have given on your Order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
  • While we always aim to deliver your order on time, please note that all quoted delivery dates and times are estimates and occasionally deliveries can take longer than the timeframe quoted due to external factors within the transportation and haulage industries. We cannot be held responsible for delays outside our control, but we will contact you as soon as possible to let you know and take any reasonable steps to minimise the inconvenience it may cause you.
  • In the very rare event that your order is not delivered within 45 days of the order date, you are entitled to ask for a refund or replacements to be sent out as per Distance Selling Laws
  • Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
  • If we are not able to deliver your Goods within 45 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
  • We may deliver the Goods in instalments if they are not all available at the same time for delivery.
  • Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
  • All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
  • Signing “Unchecked”, “Not Checked” or similar is not acceptable.
  • Goods are sent by post or courier company. We will send you a message by email to tell you when we have despatched your order.
  • If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
  • Some Goods can be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
  • Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
  • Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
  • At this moment there is no possibility to pick up Goods from our warehouse, available is only post or courier option.

9.               Your account with us

  • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
  • If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
  • You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and log in to your account and change your password.

10.            Security of Our Website

If you violate Our Website Decobooster.com or Decobooster.co.uk we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser.
  • download any part of Our Website, without our express written consent.
  • collect or use any product listings, descriptions, or prices.
  • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website.
  • share with a third party any login credentials to Our Website.
  • Despite the above terms, we now grant a licence to you to:
    • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you’re not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

11.            Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country.
  • your breach of this agreement.
  • any act, neglect or default by any agent, employee, licensee or customer of yours.
  • a contractual claim arising from your use of the Goods.
  • a breach of the intellectual property rights of any person.

12.            Intellectual Property

  • We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  • Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  • You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
  • Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

13.            Dispute resolution

The following terms apply in the event of a dispute between the parties:

  • If you are not happy with our services or have any complaint, then you must tell us by email message to support@decobooster.com
  • If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  • This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise.
  • Neither party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
  • In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  • The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland and you agree that any dispute arising from it shall be litigated only in that country.

 

 

By visiting or using Decobooster.com or Decobooster.co.uk, you agree to be bound by our Terms and Conditions. They are based on a set written by Net Lawman and released under licence.

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