Terms of Service
Bombinate's terms of service
Acceptance of terms
We may update these Customer Terms (and the documents referred to in them) from time to time and will notify you by uploading them to the Site. You should review the Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.
1. About us
The Site is operated by Bombinate Group Ltd (company number 10434750) whose registered office is at 34 Hanbury Street, London, UK, E1 6QR "Bombinate”.
2. Accessing the site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
To improve our Site, Bombinate may use and promote services provided by outside third parties. However, even if the third party is affiliated with Bombinate, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
3. Intellectual property rights
We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us.
If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please email [email protected] to report the concern.
4. Description of Bombinate.com’s service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and the Seller of those goods or services and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review stock levels that are provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
5. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until Bombinate issues you with an email confirming shipping. The contract between you and a Seller will relate only to those goods and/or services notified in the email confirming the shipment of your goods.
6. Payment methods
Purchases may be paid for using a debit or credit card through our online payment facility. All prices shall be shown in your selected currency and payable in GBP. You accept that product prices in your selected currency do not vary according to your location; delivery charges will vary depending on the destination. Prices include VAT or other sales taxes where applicable.
7. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
8. Delivery arrangements
Your shopping cart on the Site displays the products you have chosen and the Seller who shall provide them. Details of postage and packing will be displayed at the checkout page. Shipping is free of charge for all orders to be delivered in the UK. Shipping costs are paid by the Customer for all other orders outside the UK and will be displayed on the Checkout page. Any delivery times quoted are in working days.
9. Import regulations and duty
If you order goods from our Site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the goods or services are destined. Please note that items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. We will not be liable for any breach by you of any laws.
If you wish to organise a return, exchange or refund of any cancellable item purchased through the Site (see Returns Policy in your account area for a description of non-cancellable items), please visit the Shipping & Returns section of our website.
You may link to pages on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site may provide links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any such breaching of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
16. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
17. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
General comments about the Site are welcome by email [email protected] Complaints about a specific Seller, goods or services must be first be notified to Bombinate at the email [email protected] or as directed by Bombinate directly with the Seller concerned for resolution directly with them.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, EVERLANE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.
LIMITATION OF LIABILITY
BOMBINATE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF BOMBINATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).