Terms and conditions

A Boomf is a marshmallow personalised with your Instagram, Facebook, or computer images. They are sold in units of 9, each with a different image selected by you.

This Site is owned and operated by Boomf Limited (trading as Boomf) (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at hello@boomf.com.

These Terms and Conditions govern the contents and use of the website Boomf found at boomf.com (the “Site) and set out the terms and conditions on which We supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering any of the Products you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.

These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.

You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.

Who we are

Whenever you buy a Boomf product you will be contracting with Boomf Limited, a limited liability company incorporated in England and Wales under company number 08765823 whose registered office is at Boomf Ltd, The Old Grain Store, Childs Court Farm, Ashampstead Common, Berkshire, RG8 8QT, United Kingdom, and whose VAT registration number is 179633368.

Definitions

• “Boomf” is an order of a set of 9 marshmallows customised with images from your Instagram, Facebook or your computer/camera roll.
• “Buyer” means the person named on the Order;
• “Contract” means the Order and Order Confirmation;
• “Faulty” means containing a fault or defect; imperfect or defective;
• “Order” means your order for a Product from the Site;
• “Order Confirmation” means an email which we will send to You once your Order and payment for the Order have been received by us;
• “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable;
• “Product” means Boomf, Mallowpops and Buntella;
• “Terms and Conditions” means the standard terms and conditions of business set out in this document.

Your order

To place an Order with us you'll need to upload your pictures from Facebook, Instagram or you computer. Once you are happy with your Boomf you can place your Order and make payment. You will then confirm your Order on our Site and we will send you an email confirmation of your Order.

To place an Order you will need to follow the Order procedure set out on the Site. All Orders are subject to acceptance, by means of an Order Confirmation, by us and we are entitled to refuse any Order placed by you. The Order Confirmation will contain details of your Order, the Price and may contain an estimate of the delivery time for the Order. As long as we receive full payment, once we have sent your Order Confirmation we will start to process your Order and create your personalised Boomf. Please note that as Boomf are personalised your Order can only be returned if Faulty and your Order cannot be cancelled.

If we are unable to fulfil an Order after accepting payment we may refund your money and cancel the contract. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver Boomf within the time specified, but we do not accept liability for any failure to deliver within that time.

You undertake that all details you provide to us for the purpose of purchasing Boomf via the Site will be correct.

We endeavour to display and describe as accurately as possible the printed colours on the Boomf which appear on Our Site, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.

Property rights and rights of use

All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.

Other than personally identifiable information which is covered under our Privacy Policy any material you transmit or post to the Website shall be considered non-confidential and nonproprietary. We shall have no obligations with respect to such material. We and our designees shall be free to use, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sound, text and other things embodied therein for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible for, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

You are prohibited from posting or transmitting to or from the Website any material:
1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2. For which you have not obtained all necessary licences and/or approvals;
3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of technologically harmful data).
5. You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person's use and enjoyment of the Website or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above clauses.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement then please contact Us straight away.

Representations and warranties

You represent and warrant that you are the owner of the Content which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property right, intellectual property rights or other rights in relation to any Content or any parts of the Content.

Site access

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

Price, payment and currencies

All prices are inclusive of VAT. VAT is based on the final value of your order, at the current rate in force in the UK.

Payment must be made at the time of placing your Order which is accepted by Us. Payment in full will be taken at this time and the Contract will be in force. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.

Delivery

The place for the delivery of your Boomf will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.

We will endeavour to process your Order and manufacture your Boomf within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.

You must inspect your Boomf upon delivery and, in the case where your Order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that You have received your Order free from any apparent defect or damage. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment. If the Boomf are alleged to be defective or damaged on delivery, You must give a description of the alleged damage or defect in writing at the time of delivery and signed by You or on Your behalf.

We reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.

If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.

Risk and property

Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.

Returns, refunds and rights of cancellation

You shall have the right to cancel an Order only in the following circumstances:
a.) If We have failed to deliver the Order within 28 days after the date You placed the Order;
b.) In the case of Faulty Boomf at the earliest opportunity after You have discovered that the fault or defect (provided that You shall be deemed to have inspected the Order as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).

If an Order is cancelled under the conditions in a or b above We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question). Notice of wish to cancel must be made by email to hello@boomf.com

For the avoidance of doubt, save in respect of faulty or defective Products, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Products, which, by their nature, have been made to Your specification or clearly personalised.

You must return any Order to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.

Marshmallows are perishable foods and we recommend that they are consumed within the suggested time period and that you keep them in accordance with our storage instructions to ensure that they maintain their quality and taste.

Links, third party websites and purchases

This Site contains links to websites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such websites which you may access through this Site or any services that they may provide.

Liability

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

Nothing in these Terms and Conditions shall exclude or limit our liability for:
• death or personal injury caused by our negligence; or
• any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
• any liability which cannot be excluded or limited under applicable law.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with any breach by you of these Terms and Conditions or through your Boomf Account.

Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Data protection and privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

Governing law

This agreement shall be made under the laws of England and subject to the jurisdiction of the courts of England and Wales.

Last updated 23rd September 2015.

Promotional codes

Promotion codes are limited to a single order with a maximum of 5 items.

Boomf reserves the right to cancel, change or extend the offer at any given time.

*Please note that separate promotion codes cannot be combined within the same transaction. If you are using more than one promotion code, they must be redeemed via separate transactions. *

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