This page (together with our Returns Policy and any other documents referred to on this page) tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website bows-boutique.co.uk and all associated pages (our Site) to you. Please read these Terms carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.
Please understand that if you refuse to accept these Terms by not ticking the appropriate box during your order Checkout then you will not be able to order any Products from our Site.
1) General
1.1 The Site is operated by Bows Boutique, 63 Holmes Way, Peterborough PE4 7XZ (Us/Our).
1.2 In these Terms, the following rules apply:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.5 A reference to writing or written includes faxes and emails.
2) How the Contract is formed between you and us
2.1 After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your order has been completed. The contract between us (Contract) will only be formed when we email you the Order Completion.
2.2 The Contract will relate only to those Products we have confirmed in the Order Completion. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Order Completion.
2.3 Any drawings, photographs or advertising we issue, and any photographs or illustrations contained on our Site, are issued or published solely to provide you with an approximate idea of the Products shown. Although we do our best to ensure that any photographs or illustrations represent the colour of a product as accurately as possible, variations between photography and display equipment may mean that the colour is slightly different to the physical item.
2.4 If any of these Terms conflict with any term of the Order, these Terms will take priority.
2.5 We shall assign an order number to the Order and inform you of it in the Order Received email. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.6 If we are unable to supply you with Products, for example because the stock level showing for those Products is incorrect and they are not in stock then we will inform you of this by email and we will not complete your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible unless the supply of alternative Products has been agreed between you and us.
3) Your right to cancel
3.1 You can cancel an Order at any time before you receive your Order Completion. After your Order Completion is received, you have a legal right to cancel an Order which begins on the date of the Order Completion and ends 14 days following the day after you receive your Products. This means that during this period if you change your mind or for any other reason you decide you do not want the Products, you can notify us of your decision to cancel the Order and receive a refund. We will process this refund within 14 days upon receiving your confirmation to cancel you order. If you choose to cancel within the 14 days after receiving your Product, we will issue a full refund for the product to your original payment method refund within 14 days upon receiving proof of return. The item must not be used and must be ‘as new’ when returned to us. You must return the item to us at your cost. Once you’ve informed us that you wish to return your item, you have 30 days to return it.
3.2 To cancel a Contract, you must inform us in one of the following ways:
– Phone or email. Call customer services on 01733 808078 or email us at esales@bows-boutique.co.uk. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
– By post. Simply write to us at Bows Boutique, 63 Holmes Way, Peterborough PE4 7XZ, providing your name, home address, details of the Order and, where available, your phone number and email address within the cancellation period.
4) Availability, delivery and collection
4.1 Your Order will be fulfilled by the delivery date set out in your order completion or dispatch email or, if no delivery date is specified, then, subject to clauses 4.3 and 4.5, within 30 days of the date of the Order Completion. We ask that you inform us if you have not received your Products within seven days of the delivery date.
4.2 Delivery will take place when we deliver the Products to the address specified in your Order or the Products specified on the Order have been collected. Unfortunately, we will not be able to change the delivery address after your order has been dispatched. Depending on what courier and service is being used for your order, some items may be delivered to a neighbour or left in a safe location, this will be outlined via the courier and tracking information.
4.3 Orders placed Monday to Friday before 4pm will be processed the same day. Orders placed after 4pm or on a bank holiday or over a weekend will be processed on the next working day.
4.4 If our supply of the Products is delayed by a Force Majeure Event (see clause 9) 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. Provided that we do this, we will not be liable for delays caused by the Force Majeure Event but if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund.
4.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot then we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and refund any money which you have paid. We reserve the right to deduct our reasonable costs.
4.6 You have legal rights if we deliver any Products late. If, subject to clause 4.4, we miss the delivery deadline for any Products and if any of the following apply then, unless we agree otherwise with you, you may treat the Contract as at an end straight away:
4.6.1 we have refused to deliver the Products;
4.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or you told us before we accepted your Order that delivery within the delivery deadline was essential.
5) Risk and title
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6) Price and payment
6.1 The prices on our website include any necessary taxes but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information
6.2 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will verify prices as part of our order processing procedure so that, where a Product’s correct price is less than our advertised price or the amount stated in your Order Completion, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site or the amount stated in your Order Completion then we will contact you for instructions before dispatching the Product.
6.3 If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as being mispriced then we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Completion.
6.4 We securely accept payments from all credit and debit cards with the Visa, MasterCard, Discover, or American Express logo via Paypal. We also accept cash on collection. We shall not dispatch any Products until we receive cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right not to ship to unconfirmed addresses.
6.5 Your credit/debit card details will be encrypted directly by PayPal to minimise the possibility of unauthorised access or disclosure. Please refer to our Privacy Policy for more details.
7) Your right to reject the Products or if the Products are faulty
7.1 If you have any questions or complaints about our Products then please contact us. You can contact us by telephoning 01733 808078, by writing to us at Bows Boutique, 63 Holmes Way, Peterborough, Cambridgeshire, PE4 7XZ or send us an email to esales@bows-boutique.co.uk.
7.2 For more information about returning Products, please see our Returns Policy.
8) Our liability
8.1 We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
8.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
8.2.1 losses that:
8.2.1.1 were not foreseeable to you and us when the contract was formed; or
8.2.1.2 that were not caused by any breach on our part;
8.3.2 business losses;
8.3.3 losses of data; and
8.3.4 losses to non-consumers.
9) Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1 strikes, lock-outs or other industrial action;
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 impossibility of the use of public or private telecommunications networks;
9.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10) Other important terms
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
10.2 All notices given by you to us must be given to Bows Boutique at 63 Holmes Way, Peterborough, Cambridgeshire PE4 7XZ or by email to esales@bows-boutique.co.uk. We may give notice to you at either the email or postal address you provide to us when placing an Order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
10.3 The Contract between you and us is binding on you and us and on our respective successors and assigns.
10.4 You may only transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it if we agree in writing.
10.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
10.7 We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
10.8 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
10.9 You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Completion (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
10.10 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.11 These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.