You should read these terms and conditions carefully before buying from us, and if necessary, we recommend you keep a hard copy for future reference.

Terms and Conditions for Use of this Web Site

These Terms & Conditions do not affect your statutory rights

If you do not agree with our terms and conditions, we recommend not entering into a contract with us or contacting us to discuss your personal contract requirements.

If minimum age or other statutory requirements may be included in a contract, the company reserves the right to see written evidence of eligibility.

All Contracts between the Company and the Purchaser shall contain the Terms & Conditions set out below. They may be updated periodically without notification, and will take effect immediately upon being published.

All Orders accepted whether or not based upon or resulting from quotations or published prices by the Company shall incorporate these Terms & Conditions.

Any variation to these terms and conditions will be agreed by both parties before being effective.

1.00 ABOUT US

1.10 Contact details:

BOAB Ltd

Buckman Works, Longdon Heath

Nr Upton-Upon-Severn, Worcestershire

WR8 0RJ, UK.

Telephone: +441 684 591 154

Facsimile: +441 684 591 168

E-Mail: office@boab.biz

1.20 “The Company” – BOAB Ltd (Registered in England, 5025675)

“The Purchaser” – The person who accepts the quotation or places the order to enter in a contract or agreement with the Company

“The Conditions” – Standard Terms & Conditions set out in this document and/or special conditions agreed between the Purchaser & the Company.

“The Contract or Agreement” – The conditions of Purchase and Sale of Goods

“Goods” – The Goods, Items or Products contained within the Contract or Agreement

“Writing” – With reference to any of the above can include Written Letter, Facsimile or E-Mail

The Headings above are for ease of reference only and shall not affect their lawful interpretation

2.00 ORDERS, QUOTATIONS & PRICING

2.10 Quotations are for information only and do not constitute an offer by the company.

2.20 No order placed in response to a quotation shall be binding unless accepted by the company.

2.30 The price of the goods is the company’s quoted or published price at the date of order acceptance.

2.40 The company reserves the right to increase the quoted or published price at any time prior to accepting the order to reflect any reasonable increase in cost to the company beyond its’ control.

Such reasonable costs include;

a. cost of materials, labour, delivery or other factors associated with the manufacture or production of goods, and may also include costs such as taxes, duties, currency fluctuations, and government or statutory regulations & requirements.

b. Delays, alterations or requirements made by the purchaser to the goods, order or delivery requirements.

2.50 We reserve the right to alter at anytime the description, quality, quantities, delivery or specifications of goods prior to accepting an order.

2.60 For quotations retail prices are;

a. Inclusive of current UK Duties & Taxes.

b. Packaging & Delivery charges are as accurate as is practicably possible, however the final cost in the contract may depend on the agreed order size, weight, postal address and type of delivery service agreed.

2.70 The purchaser is responsible for the accuracy of the submitted terms of the order (specification, sizes, quantities, delivery and so on) the company reserves the right to cancel or increase the prices accordingly to accommodate any changes or alterations after the order has been accepted. This will constitute a new contract which you will be given the option of cancelling if these changes are unacceptable.

2.80 Once the company has accepted your order the terms and conditions (including prices) contained herein will come into force, however, we reserve the right to alter the prices, description, quality, quantities, specifications or delivery of goods after accepting an order to conform to statutory or mandatory health, safety, taxation or other legal requirements placed upon the company, goods or other factors affecting the contract. You will be given the option of cancelling your order if these changes are unacceptable.

3.00 HOW TO PLACE AN ORDER

3.10 You can place an order with BOAB in any of the following ways; E-Mail, Facsimile, Post, Telephone or directly through an On Line Web Shop.

3.20 By placing an order you are entering a legal contract offering to buy goods from us.

We will let you know that we have received your order but this does not mean that your order has been accepted. There is no contract between us until we have accepted your order.

3.30 When we have accepted your order, we will confirm this by E-Mail, Facsimile, Post, Telephone or via the On Line Web Shop.

Please keep your Order Confirmation in a safe place in case of any query.

3.40 If we cannot supply you with the goods you have ordered, we reserve the right to supply you with substitute goods of similar quality and function. If we supply you with substitute goods, you do not have to keep them and can return them at our cost if they are not acceptable.

4.00 DEPOSITS

4.10 The company reserves the right to charge a reasonable deposit for goods ordered.

4.20 All deposits are non refundable in the event the purchaser cancels or defaults on the contract (not including 2.70 or 2.80)

4.30 Deposits for the storage, handling and retaining of goods to await delivery/collection at the purchasers convenience will be charged accordingly;

a. For items to be retained for a purchaser to collect or to be delivered at a mutually agreed date up to ten (10) days from the order we reserve the right to charge a 10% deposit.

b. For items to be retained for a purchaser to collect or to be delivered at a mutually agreed future date up to thirty (30) days, the company will charge a 15% non refundable

4.40 For Special Order* or Extraordinary Goods* (goods that the company would not normally be expected to sell, stock, manufacture or supply) to be supplied, the company reserves the right to charge a 65% non refundable deposit.

*Goods that may have to be manufactured or imported and are not within the companies normal range of goods. E.g. components for an imported vehicle.

4.50 The company, will at the purchasers request, supply copies of receipts for the paid deposits and the remaining amount payable upon collection or prior to delivery.

4.60 Title of goods does not pass to the purchaser upon payment of a deposit.

5.00 DELIVERY (& COLLECTION)

5.01 If delivery forms part of the contract, it will only be to the address agreed in that contract. Changes to that address will be subject to the conditions at 2.70.

5.02 Please ensure that the delivery address has “reasonable and open access” to accommodate the type of vehicle expected to deliver the goods. If in doubt please contact us for further details.

5.03 For small items, A3 Padded Mail Bag size and smaller, we will use Royal Mail Second Class Post, unless requested otherwise in the contract. Services other than Royal Mail Second Class will be charged to the customer accordingly.

For all other items we use the services, called “Standard Overnight Deliveries” of courier companies. Mainland UK courier deliveries are generally 24hr/Overnight services, and will be delivered sometime during normal office hours the next day following dispatch of goods, unless requested otherwise. Services other than Standard Overnight will be agreed in the contract and charged to the customer accordingly.

Postal Codes; Please be aware that some postal codes (such as West Wales or Highlands & Islands may not have the full range of courier or transport services available. We will endeavour to supply full details of services available on request with an “expected delivery date”

5.04 We dispatch goods with couriers on Monday, Tuesday, Wednesday & Thursday only, for overnight delivery on Tuesday, Wednesday, Thursday & Friday.

We do not dispatch goods on Fridays, this eliminates the chances of loss or damage from courier companies (who store packages over the weekend for delivery on Mondays) unless specifically requested to do otherwise in the contract.

5.05 The company will endeavour to advise the purchaser of any days where the delivery could be delayed, such as public, company or delivery company holidays. The company shall not be held responsible for late or untimely deliveries due to such delays or not knowing of such potential delays from third party companies. Where delivery may be delayed due to circumstances beyond our control we will contact you to arrange an alternative delivery time where possible.

5.06 For Stocked Items on Standard Overnight Deliveries, the company will endeavour to dispatch all orders received prior to 10:30am on the day of acceptance of the contract, other wise the goods will be dispatched on the next available delivery service.

5.07 For large, heavy or bulky items which can only be moved on pallets, crates or specialist equipment, and for outside UK Mainland deliveries, various price quotations and options will be offered to the customer before accepting the order and dispatch. No overnight service is offered for these goods.

5.08 Some large or bulky items will require the delivery driver having assistance in unloading the package to satisfy their Health & Safety Regulations. We will advise at the time of agreeing the contract with the purchaser.

5.09 All Roof Tents dispatched by courier (not on pallet or crate) will have assistance available for the deliver driver to satisfy their Health and Safety Policy, and to eliminate the risk of damage to the goods. If no help is available the drivers may be under instruction not to leave the goods.

5.10 Where the contract includes the purchaser unloading the goods on pallets, crates or similar, using fork lift trucks or other mechanical devices, they will undertake to do so in a safe and workmanlike manner in accordance with the drivers’ instructions.

5.11 The company will not be liable for any loss, injury or damage to property of the transport company, the goods, purchasers machinery or operators where the damage is a result of lack of reasonable care during unloading of goods.

5.12 Returnable Packaging, (palettes, crates, etc) will be invoiced to the purchaser and refunded after their return to the address specified by the company or the delivery company. The costs and responsibilities associated and incurred returning packaging is the responsibility of the purchaser. The company will credit the purchaser within 40 days of receipt of packaging return notice from the freight company. We will advise you of these costs before accepting your order.

5.13 The company uses outside contractors (Postal Services, Couriers, Freight & Shipping) for delivery of goods and whilst the company will endeavour to adhere to its delivery commitments. it reserves the right not be held responsible for or accepts no liability for delays, loss, injury, damage or expenses due to circumstances that are beyond the company’s control. Such delays shall not entitle the purchaser to cancel or refuse to accept delivery of the goods. You may be able to cancel the contract if the delay is excessive. Please inform us as soon as is practicably possible if your delivery fails to arrive on the due date.

5.14 If the company fails to deliver the goods within the contracted time, for any reason other than outside the company’s control (at 5.13), the company’s liability to the purchaser shall be limited to the reasonable excess (if any) of the cost to the purchaser.

5.15 The purchaser shall inspect the goods immediately upon delivery. By signing the delivery notice the purchaser shall have deemed to have satisfied himself that the goods are correct, complete, and free from damage.

5.16 You have the right to ask the delivery company (courier) to wait a “reasonable time” whilst you inspect the goods for obvious signs of damage. Courier companies suggest a reasonable time is “a few minutes” –larger packages (such as roof tents) will incur a slightly longer inspection/waiting time.

5.17 On your package you will see a sticker/s – “IMPORTANT DELIVERY NOTICE”. The instructions on this notice form part of our Sales Terms and Conditions.

Please get the recipient of the package to read this notice and sign for the goods in the correct and appropriate manner specified. The package recipient should inspect the delivery and report any goods found to be damaged, faulty or missing as soon as possible.

5.18 If goods are damaged or missing as a result of the courier/freight companies’ neglect or poor handling, please Do Not Accept the Goods. Ask the courier to return the goods to us (at no cost to you) then contact us as soon as possible to report the damage and why you’ve rejected the package/s.

Please note; if the goods are signed for improperly (as in good condition) and later found upon examination to be damaged by delivery companies, it will not be possible for us to make a compensation claim against the courier/freight company, and we reserve the right to charge accordingly to repair or replace and collect or deliver courier damaged goods.

Note; This does not affect your statutory rights in respect of the company supplying damaged, faulty or incorrectly described goods.

5.19 If the purchaser fails to accept delivery of the goods (except under circumstances at 5.18) or the delivery cannot be made due to inadequate delivery instructions provided by the purchaser, at the time or date agreed, the company will contact you to establish why the delivery has not been made. Depending on the circumstances the company may:

a. instruct the delivery company to make a re delivery at reasonable cost to the purchaser.

b. store the goods until such time that a new delivery time/date can be arranged then re deliver at reasonable cost to the purchaser.

c. claim reasonable costs if the goods are returned to the company.

d. claim reasonable costs if the goods are damaged or components are missing when returned to the company.

e. not be held liable for loss, damage or expense from any handling, storage or re-delivery by the delivery companies in question.

5.20 If the purchaser refuses to accept collection or delivery of the goods, (except under circumstances at 5.18) the company retains the right to cancel the contract and refund monies to the purchaser less reasonable costs incurred for the failure of the purchaser to fulfil the contract.

5.21 Damage or loss of goods or expense passes to the purchaser immediately upon the goods being legally accepted by the purchaser upon signing.

PAYMENT

6.00 Payment for goods shall be made in the currency agreed in the contract, and receipted accordingly.

6.10 The payment method is part of the contract

Payment methods include; Cheque, Cash, Bank Cards (credit or debit)

6.20 Taxes (& Duties), where appropriate, will be shown included on the invoice/receipt at the approved current rate.

6.30 Title of the goods shall not transfer to the purchaser until complete payment (including duties & taxes) has been received by the company.

6.40 If the payment is withheld or withdrawn the purchaser shall be deemed to have breached the contract. The title of the goods remains with the company and the company reserves the right to reclaim reasonable costs (including duties & taxes) associated with breaching the contract.

6.50 Credit Card Security; If an order is placed through our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.

6.60 If you are using our Web Shop;

a. We accept credit card payment. If you are shopping from outside the UK, place your order and your credit card company will convert the transaction to your own currency.

b. If you do not want to send your credit card details via this web site, you may do so via telephone, facsimile or post.

RECOVERY OF GOODS

7.00 The company retains the right to lawfully reclaim contracted goods where the contract is subsequently breached and reclaim such costs from the purchaser.

ORDER CANCELLATION – Retail Sales, Including DSR.

8.00 Under Consumer Protection - Distance Selling Regulations (DSR); you have an unconditional right to cancel your order within seven (7) working days from the date of delivery.

PLEASE NOTE; you must take care of the goods during the cancellation period.

8.10 To cancel your order under the DSR;

a. Write informing us you wish to cancel the order. Include enough information for us to easily identify both you and your order.

b. If you have opened the package, please re-package all the goods securely to minimize damage during return delivery. Include a copy of your notification of cancellation or order confirmation so we can trace your order.

c. Return the items to us via an appropriate method. PLEASE NOTE; returning goods under the “cooling-off” period allowed by the Distance Selling Regulations is at your cost unless you have been supplied alternative goods that you have not found acceptable.

8.20 Once you have notified us of your intention to cancel the contract we will refund you the cost of your order within 30 days.

OUR RETURNS POLICY

9.00 This section does affect your statutory rights relating to faulty or incorrectly described goods or your right to cancel orders under the DSR. If you would like more information on these rights, they are available from Trading Standards Departments or Citizens Advice Bureau.

9.10 Under the DSR’s you have the right to carry out a reasonable examination of the goods to ascertain whether they are satisfactory and functioning correctly. Please Note, if it can be proven you have seen, inspected, had demonstrated or tested the goods (or display / demonstration models) prior to purchase, your rights under the DSR may be affected if returning goods as “unwanted”

9.20 Loss or damage to returned goods caused by negligence or mishandling by the purchaser or delivery company, is the responsibility of the purchaser and the company reserves the right to make claim for reasonable costs for re-imbursement, or repair or replacement of the goods.

9.30 We will not accept returns under the DSR’s if you are not the original owner of the product you have no proof of purchase (contract), or the goods were Special Order* or Extraordinary Goods*

*Goods that may have to be specially manufactured or imported and are not within the companies normal range of goods. E.g. components for an imported vehicle.

9.40 Our Returns Policy, including repair, replacement or refund applies to the original contract (purchaser) only. Please retain your proof of purchase as this will assist you in any claims for redress.

9.50 Ex Demonstration, Display or Second Hand Goods will be subject to their own individual contract as agreed between the company and the purchaser.

FAULTY GOODS

10.00 Purchasers Rights where Goods are Not of Satisfactory Quality, Fit for Purpose or Described Incorrectly.

10.10 Providing the faults are reported to us as soon as practically possible we will either; repair any goods that are faulty, unsatisfactory or unfit for their purpose (see 10.20), or if a repair is too costly or impracticable, offer you a “like-for-like” replacement (see 10.30), for up to six months after the initial purchase.

If we supplied you with the goods more than six months ago, it’s your responsibility to show that the goods were faulty at the time of delivery or collection.

10.20 If you are offered a repair and its subsequently found a repair is not possible within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age any fault free use you have had from it.

10.30 If we offer you a replacement and a “like-for-like” replacement is not available, or not available within a reasonable period of time, we will offer you a refund equivalent to the replacement cost of the item, taking into consideration its age and the fault-free use you have had from it.

10.40 Any item where a repair, replacement or refund is to be claimed must be returned to us for inspection prior to any decision being made. We reserve the right not to make a decision via the telephone, e-mail, facsimile or letter until the goods have been inspected. Postage or freight costs associated with the repair, replacement or refund of faulty goods will be borne by us by way of a re-imbursement with the returned or refunded goods. This will include the cost of return delivery of the item to us or to a mutually acceptable third party repairer (see 10.70).

10.50 If, after inspection, the goods are found not to be faulty, we reserve the right not to refund associated postage costs and charge for any subsequent return charges incurred and any repairs undertaken

10.60 Replacements and refunds will be on a “like-for-like” basis. This means you may not receive a new item as replacement or a full refund if you have had the goods for a while or if you have had a reasonable period of fault free use from them.

10.70 Under certain circumstances we reserve the right to ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the goods are found to be of satisfactory condition or faulty as a result of misuse or negligence. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this.

10.80 Goods with faults due to normal wear and tear or damage caused by misuse or neglect will not be repaired or replaced free of charge. Associated packaging and postage costs may also be charged.

REFUNDS

11.00 Full refunds will be given as a result of claims under Section 10.00, all other refunds will be based on the replacement cost of the goods. This means you may not receive all the money you paid.

11.10 Refunds will only be paid to the purchaser

11.20 Money will be refunded to the same account debited during purchase, or paid in the form of a cheque forwarded to the order address, and made out in the contract (purchaser) name.

11.30 All refunds and partial refunds (including paperwork) will be completed within 30 days.

ABOUT OUR TERMS and CONDITIONS

This version of the company’s Terms & Conditions came into force on the 20 January 2009

It applies to all orders accepted from 9:00am on that day.

They do not affect your statutory rights relating to faulty, incorrectly described goods (sect 10.00) or your rights to cancel orders under DSR (sect 8.00).

If you would like more information on these rights, they are available from your local Trading Standards Department, Citizens Advice Bureaus or Consumer Direct.