Terms & Conditions
This Site is owned and operated by Baobab Interiors whose registered office is at 7 Lenthall Avenue, Congleton, Cheshire CW12 3BE United Kingdom. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.
Important liability statement
We provide a description, a high quality image and measurements to show each Product as accurately as possible. In the case of handcrafted items which are individually handmade, expect variations like differences in size, colour, shape, as well as possible irregularities and imperfections in materials used. If you require further clarification of a Product please contact us for further information. It is the Customer's responsibility to ensure the condition and presentation of their purchase is satisfactory for their personal requirements.
Baobab Interior's liability for losses is strictly limited to the amount paid by the Customer for a Product or Service. Neither Baobab Interiors nor any director, employee, affiliate or other representative will be liable for any loss, damage or expense arising out of or in connection with the supply of goods or services offered through this website including but not limited to indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss or damage to property and claims by third parties, even if Baobab Interiors has been advised of the possibility of such loss or damage and/or such loss or damage were reasonably foreseeable. The exclusions above and limitations of liability shall not apply in respect of liability in negligence for death or personal injury.
Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
Date of last update: 20th January 2017
All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights (further details in respect of which are set out at clause 4.5).
In these terms and conditions, the following definitions apply:
"Dispatch Confirmation" the email we send you confirming your order (at which point the contract between us will be formed);
"Products" means any products offered for sale on the Site;
“Services” means any information and services ordered and/or provided by Baobab Interiors through or via the Site.
“Site” means the web site at the URL www.baobab-interiors.co.uk
"Submission" means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.
Use of this Site generally
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by Baobab Interiors or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Baobab Interiors deems it necessary or desirable to do so for whatever reason.
You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Baobab Interiors may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
Your personal information
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, Baobab Interiors does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
Baobab Interiors does not seek to exclude or limit liability for:
(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
and all exclusions or limitations of the liability of Cult Beauty which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.5.
Suspension and termination of Service
Baobab Interiors may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
Pricing, availability and dispatch information of Products
Information displayed on the Site as to pricing and availability is subject to change by Baobab Interiors. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.
Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
Cancellation rights for dispatched Products
If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.
You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:
(a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned for example, without limitation, been unpackaged and treated in any way that renders it no longer marketable to other customers.
Your legal right to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your contract is for a single product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to email us at email@example.com. If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s)covered by the cancellation must then be returned to us at the following address:
7 Lenthall Avenue, Congleton, Cheshire, CW12 3BE
When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your contract we will:
(a) refund you the price you paid for the products. However, please note:
(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and (ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.
(c) Refunds in relation to Products may only be credited to the PayPal account originally used to make the purchase. If we are unable to put the refund through on this account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.
If a product has been delivered to you before you decide to cancel your contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site;
(b) subject to clause 7.7 (c) below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery.
(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.
Baobab Interiors warrants that the Services will be supplied with reasonable skill and care.
Statutory rights and refunds
We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.
These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.
Baobab Interiors may delay enforcing its rights under these terms and conditions without losing them.
You agree that Baobab Interiors may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Baobab Interiors Customer Service, 7 Lenthall Avenue, Congleton, Cheshire, CW12 3BE, United Kingdom or email: firstname.lastname@example.org.
Competitions & Promotions
Promotional offers are valid when used online at www.baobab-interiors.co.uk and will allow money off or free delivery when you order from Baobab Interiors. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Offers may be limited to one use per customer
- By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
- To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
- Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.
iv. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.