Website terms and conditions of use and supply

Please also read our Privacy Notice and Acceptable Use Policy

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.theboardbasement.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site or order any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

You should print a copy of these terms and conditions for future reference.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our Acceptable Use Policy

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

DISCLAIMER

Details given on this website are as accurate as possible at time of compilation, but we and our suppliers reserve the right to improve designs, specifications and components without prior notice. Garment dimensions are approximate. All items are subject to availability. Illustrations are not binding. Colour reproduction of products is as close the graphic design process allows. Product may be delivered in a box or courier bag and may include the original supplier product packaging or be re-packaged as we see fit. Please be aware product is not able to be gift wrapped. No part of this site may be produced or transmitted in any form or by any means without written permission of the copyright holder. If you have any questions concerning an item for sale or the use of our website please contact us before placing any order or taking any further action.

1. Information about us and how to contact us

1.1 www.theboardbasement.com is a site operated by Outdoor and Country Retail Ltd t/a The Board Basement (we). We are registered in England and Wales under company number 09866355 and with our registered office at The Old School, Stone Road, Blackbrook, Newcastle, ST5 5EG, UK. Our main trading address is The Old School, Stone Road, Blackbrook, Newcastle, ST5 5EG, UK. Our VAT number is GB230861819.

1.2 You can contact us at the address above or by telephone on 01782 680068 by email at [email protected] or by fax on 01782 680033 (please note that the fax is operational only during office hours).

2. Your status

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.

3. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted or that we are guaranteeing supply. Your order constitutes an offer to us to buy an item or items from us (referred to as Goods or Products in these terms). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). On placing your order payment may be automatically taken from you, however, this will not be processed until the Contract is formed. The contract is formed by the sending (and not the receipt) of the despatch confirmation and these terms will not be affected by any typographical error on the part of the customer or the failure to provide a valid e-mail address. If your order is not accepted we will cancel your order and refund any payment via the original payment method, or by cheque at our discretion.

3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

3.3 The language for the conclusion of the Contract is British English.

4. Our status

4.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

5. Consumer rights

5.1 Your rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are listed at point 21 below.

5.2 No provision of these terms affects your statutory rights and we recommend that you seek the advice of a solicitor or the Citizen’s Advice Bureau if you are unsure of what your rights are.

6. Availability and delivery

6.1 All items are subject to stock availability.

6.2 The majority of orders are despatched within five working days. However, if an item is required by a specific date please contact our Customer Services Team for assistance. Our website shows current product availability and provides additional options and information regarding delivery timescales.

6.3 We will verify your payment information with your card issuer before your order is despatched. Failure to provide correct billing information or correct card security information will delay your order. Please ensure the billing address provided is the address registered with your card issuer. The card security code from the back of your card is required with all orders; this is the group of three digits printed on the reverse of your card (group of four numbers on the front of American Express cards). All orders are subject to satisfactory security checking, which may involve us obtaining further identification or a bank statement to verify the details provided.

6.4 Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances.

6.5 Claims of damage or pilferage must be notified in writing both to the carriers and the Company within 10 days of delivery and the carrier’s delivery sheet should be noted with the damage or pilferage found. Packaging must be retained for investigation. Claims cannot be accepted outside these time limits.

6.6 Claims for incomplete delivery must be made within 10 days of receipt. The carrier’s delivery sheet should be noted with disputed missing items. Claims cannot be accepted outside these time limits.

6.7 Claims for non-delivery must be made within 14 days of receipt of despatch confirmation.

6.8 Any claim made under 6.5, 6.6 or 6.7 may take up to 14 working days to investigate and resolve. Replacements or refunds will not be issued until a full investigation has been completed.

6.9 Someone must be available to receive delivery of the parcel. If no-one is available parcels may be returned to a delivery depot or post office or may be delivered to a neighbour. Delivery may not be reattempted. Customers may be held liable for any costs of returning failed or refused delivery items to us.

7. Risk and title

7.1 The Products will be at your risk from the time of delivery.

7.2 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.

8. Price and payment

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. No retrospective discount will be made for any item purchased which is subsequently discounted, including any sale items further reduced.

8.4 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 normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6 Payment for all Products must be by credit or debit card or a PayPal account. We will not charge your credit or debit card until we begin to process your order in preparation for it to be despatched. Although we do not directly store your card details, you agree for our third party payment providers who are PCI DSS Level 1 compliant (PayPal and PayPoint) to store them with tokenised access in the event you request an exchange order requiring payment (for example delivery to return the product to you). Return orders where new payment details have been provided for an exchange, will not use these details. These details will not be used other than for exchange orders which have been directly requested by the account holder. Any changes to this consent agreement will be updated within these terms and conditions.

8.7 All orders are billed in Pounds Sterling.

8.8 All prices quoted on our site exclude delivery costs, and any Customs Tax or Import Duties over which we have no control and do not accept liability.

8.9 Deliveries made within the UK will be charged Value Added Tax (VAT) at the prevailing rate as applicable.

8.10 In order to qualify for our price match guarantee the product offered by a competitor must be identical, available to order (i.e. in stock), offered to all customers, the retailer must be an authorised retailer and we must also be able to verify the price and availability. The price match also cannot be applied retrospectively and will not be undertaken after a purchase is made. We retain the right not to offer a price match if we deem it not to be commercially viable. If the product qualifies please contact us with details so that we may process your order.

9. Our refunds and returns policy

9.1.1 We are committed to supplying goods that exceed your expectations; every item we sell is backed with a 90-day satisfaction guarantee. If for any reason you are not completely satisfied with your purchase, please return the complete product undamaged in an unused “as sold” condition within 28 days (if possible we would prefer you to return any sale items within 7 days) of the delivery date and we will gladly refund your full purchase price. All goods must be accompanied by a proof of purchase, e.g. your packing note. When trying on goods that may be returned please take care; once goods are soiled they cannot be considered for exchange or credit. When returning any item to us please quote your original order number in the return. Please note that you will be responsible for the delivery cost of returning any item to us unless our free UK returns label is used, unfortunately we are also unable to refund your original shipping cost. We will keep you informed of the progress of your return. This clause does not affect your rights under clause 21 to cancel a Contract.

9.1.2 Customers placing orders between 1st November and 20th December have until the following 15th January to return their goods for exchange or refund. All other orders are subject to our standard returns policy.

9.2 When you return a Product to us:

9.2.1 In accordance with clause 5.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your intention to return the Products or the date we receive them whichever is the sooner. In this case, we will refund the price of the Product in full which shall, include the cost of sending the item to you. However, you will, in every case, be responsible for the cost of returning the item to us.

9.2.2 In accordance with Clause 9.1, we will process the refund due to you as soon as possible on receipt of the returned item. In this case, we will (provided that the Products are in an “as sold” condition) refund the price of the Product in full and shall exclude the cost of sending the item to you. However, you will, in every case, be responsible for the cost of returning the item to us.

9.2.3 For any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.3 Products returned from outside the UK must be marked ‘Returned Goods’ and a duly completed customs declaration form (usually available from Post Offices) which contains the words ‘British Returned Goods’ in the contents description must be affixed, stating that the products are being returned as they are either faulty, unwanted or for repair. If the correct documentation is not completed the Customer will be liable for any Customs or Import duties charged. We will not accept any parcel which has a costs charge payable.

9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.5 Appropriate delivery charges will be levied for the delivery of exchanged items. These will be charged against the original method of payment, unless an alternative method of payment is specifically requested / supplied by the customer. The storing of these details and the consent needed are referred to in clause 8.6.

9.6 Items which are sent for exchange will be exchange at the original purchase price. If the retail price of an item has changed since the date of the original order the item will be exchanged at the original price. If you wish to purchase an item at a new retail price please return your original order for a refund and place a new order for the item at the new price. Items of a higher value will be charged against the original method of payment, unless an alternative method of payment is specifically requested / supplied by the customer.

9.7 We will refund customers reasonable postage costs for returning faulty items only up to the original cost of delivery or in the event of free delivery we will refund a maximum of £3.95.

9.8 If you choose to retain the items beyond our 90 day return period we will be unable to offer a refund or exchange. After 30 days we will consider you to have had sufficient time to inspect the items for any faults and thus to accept them. In the unlikely event that items become faulty after this time, and are within the manufacturers stated guarantee period, we will either repair or replace the items at our discretion. If we are unable to repair or replace the items then we may offer a refund. Any items suspected to be faulty must be returned to us for inspection and if necessary may be returned to the manufacturer for their expert opinion before being accepted as faulty. Damage or deterioration as a result of normal wear and tear does not constitute a fault.

9.9 Pre Paid UK Returns Label Terms:

9.9.1 Our pre-paid returns label can only be obtained by completing our online returns process at www.theboardbasement.com/returns and by printing the label yourself from the confirmation page. If you do not have access to a printer, unfortunately you will have to return the items at your own cost, unless the product is believed to be faulty. The returns label facility is only suitable to return items within the UK via a Post Office, a Certificate of Posting must be obtained in case of loss. We accept no responsibility for parcels lost in transit. Maximum 20kg parcel limit per label. The label may only be used once.

9.10 For reasons of health and hygiene safety, we are unable to exchange or refund underwear once worn or once the packing has been opened and seals broken unless the items are of unsatisfactory quality or unfit for purpose.

10. Our liability

10.1 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 the kind are commonly supplied.

10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

10.3 This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11. Import Duty

11.1 If you order Products from our site for delivery outside the UK, 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. The courier may process these charges in advance to speed up the delivery and if they do, may charge a handling fee.

11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. Written communications

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. It is imperative that you correctly state your email address in your order. We will contact you by e-mail 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. This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be given to Outdoor and Country Retail Ltd at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of rights and obligations

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

15. Events outside our control

15.1 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).

15.2 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:

Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.

15.3 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.

16. Waiver

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

17. Severability

If any of these terms and Conditions or any provisions of a Contract 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.

18. Entire agreement

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 We intend to rely upon these terms and conditions 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.

19. Our right to vary these terms and conditions

19.1 We have the right to revise and amend these terms and conditions 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.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20. Law and jurisdiction

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. Your consumer rights: returns and refunds

21.1 This section provides details of the cancellation and return rights you have when buying as a consumer.

21.1.1 Prices and payment methods are detailed on your order confirmation when placing your order. We do not guarantee delivery dates; any stated delivery information is for guidance only.

21.1.2 You have a right to cancel your order for Goods within 14 calendar days beginning the day after you or someone acting on your behalf receives the Goods.. You will need to return the Goods and all packaging promptly and at your cost.

21.1.3 Where any Goods are customised for you, including any alterations, then you have no right to cancel but your rights to return the Goods if they are faulty are not affected.

21.1.4 Goods are normally provided with a one year guarantee, unless otherwise stated. Whilst we will usually provide after-sales assistance relating to any Goods supplied, this is not part of the sales contract and is provided only on a goodwill basis.

21.1.5 To exercise the right to cancel, you must inform us Outdoor and Country Retail Ltd, The Old School, Stone Road, Blackbrook, Newcastle, ST5 5EG, UK, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email see above for our contact details). You may use the attached model cancellation form, but it is not obligatory.

21.1.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired but please note the requirement to send back the Goods in good time set out below.

21.2 Effects of cancellation

21.2.1 If you cancel the contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the additional costs you paid if you chose a type of delivery other than the least expensive type of delivery offered by us).

21.2.2 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. An example of unnecessary handling would be you having done something with the Goods other than try them on or inspect them in the way you would in a shop.

21.2.3 We will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day we receive back from you any Goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or
(c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

21.2.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

21.2.5 You shall send back the Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.

21.2.6 You will have to bear the direct costs of returning the goods.

21.3 Model cancellation form

To Outdoor and Country Retail Ltd, The Old School, Stone Road, Blackbrook, Newcastle, ST5 5EG, UK, [email protected]:

I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods[*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper).

*Delete as necessary

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