General terms and conditions

Please read these terms carefully before using our service.

Interpretation and definitions

Interpretation

Words beginning with a capital letter have a meaning defined in the following terms. The following definitions have the same meaning whether they appear in the singular or plural.

Definitions

In accordance with these terms:

• Affiliate An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the stock or other securities with voting power to elect directors or other management powers.

• Account means a unique account created for you to access our Service or portions of our Service. (Company) (referred to in this Agreement as the "Company", "we", "us" or "our") is Boombaaroo.

• Device means any device that accesses the Service, such as a computer, mobile phone or digital tablet.

• Feedback means feedback, innovations or suggestions you send about features, performance or functionality of our Service.

• Goods means the goods offered for sale on the Service.

• Orders means a request from you to purchase Goods from us.

• Service means the Website.

• Terms and Conditions (also called "Terms") means these Terms, which constitute the entire agreement between you and the Company regarding the use of the Service.

• Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.

• The Website refers to Boombaaroo, which can be reached at https://www.Boombaaroo.com

• "You" means the person accessing or using the Service, or the company or other legal entity on whose behalf such person is accessing or using the Service, as applicable.

 

Please note

These are the terms and conditions of use of this Service and the agreement between you and the Company. These Terms set out the rights and obligations of all Users in connection with the use of the Service.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

You certify that you are 18 years of age or older. The Company does not authorise the use of the Service by persons under the age of 18.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using and disclosing your personal information when you use the Application or the Website, and informs you of your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.

 

Ordering goods

By placing an order for goods via the Service, you warrant that you are legally capable of entering into binding contracts.

Your information

If you wish to place an order for goods available through the Service, you may be asked to provide certain information relevant to your order, including, without limitation, your name, email address, telephone number, credit card number, credit card expiration date, billing address and shipping information.

You represent and warrant that: (i) you have the legal right to use one or more credit or debit cards or other payment methods in connection with an order; and (ii) the information you provide to us is true, accurate and complete.

By providing such information, you authorise us to provide the information to third party payment processors to facilitate the completion of your order.

Cancellation of order

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to:

• Availability of goods
• Errors in the description or prices of the goods.
• Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Rights to cancel your order

Our returns policy is part of these terms and conditions. Please read our returns policy for more information on your right to cancel your order.Goods that you buy can only be returned in accordance with these terms and conditions and our returns policy.

Our returns policy is part of these terms and conditions. Please read our returns policy for more information on your right to cancel your order.

Your right to cancel an order only applies to goods returned in the same condition as you received them. You must also include all product instructions, documents and packaging. Goods that are damaged or not in the same condition as you received them, or that have been worn more than the original packaging has been opened, will not be refunded. You should therefore take reasonable care of the purchased goods once you have them in your possession.

We will refund you within 14 days from the day we receive the returned goods. We will use the same means of payment that you used for the order and you will not be charged for such a refund.


You do not have the right to cancel an order for the delivery of any of the following goods:

• Delivery of goods to your specifications or clearly personalised.
• Delivery of goods which, due to their nature, are not suitable for return, which spoil quickly or which have expired.
• The supply of goods that cannot be returned for health or hygiene reasons and that have not been sealed after delivery
• The supply of goods which, by their nature, are inseparably mixed with other goods after delivery
• Delivery of digital content that is not delivered on a physical medium, if the service was started with your prior express consent and you have confirmed that you have lost your right of withdrawal.

 

Availability, errors and inaccuracies

We constantly update our offerings on the Service. Items available on our Service may be incorrectly priced, inaccurately described or unavailable, and we may experience delays in updating information about our items on the Service and in our advertisements on other websites.

We cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time and without notice.

Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations on the financial market and over which the contractor has no influence, with variable prices. This link to fluctuations and the fact that all prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed to them and:

1. They are a consequence of legal provisions or regulations, or
2. The consumer has the right to cancel the contract on the day the price increase takes effect.

According to Article 5(1) of the Sales Tax Act 1968, the place of supply is the country where the transport begins. In the case at hand, the delivery takes place outside the EU, after which import VAT or customs clearance fees will be charged to the customer by the postal or courier company. The trader will therefore not charge any VAT.

All prices may contain printing errors. We accept no responsibility for the consequences of misprints and typographical errors. In case of misprint, the company is not obliged to deliver the product according to the incorrect price.

 

Payments

For all goods purchased, a one-off payment must be made. Payment can be made via various payment methods available to us, e.g. Visa, MasterCard, Affinity Card, American Express card or online payment methods (e.g. PayPal, Google Pay, Apple Pay).

Payment cards (credit or debit cards) are subject to validation checks and authorisation by the card issuer. If we do not receive the necessary authorisation, we are not responsible for delays or non-delivery of your order.

User agreement

When you create an account with us, you must always provide us with accurate, complete and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions performed with your password, whether your password is for our Service or a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately if you become aware of any breach of security or unauthorised use of your account.

You may not use the name of another person or entity as your username, a name that is not legally available for use, a name or trademark to which a person or entity other than you has rights, without proper authorisation, or a name that is otherwise offensive, vulgar or obscene.

 

Intellectual property rights

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trade mark and other laws of this and other countries.

Our trademarks and trade names may not be used in connection with any product or service without the prior written consent of the Company.

 

Your feedback to us

You assign to the Company all right, title and interest in any feedback you provide.
If for any reason such assignment is not effective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sublicense, distribute, modify and exploit such Feedback without restriction.Links to other websites

 

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party website or service that you visit.

 

Observation

We may immediately terminate or suspend your account, without notice or liability, for any reason whatsoever, including, but not limited to, if you violate these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply stop using the Service.

Limitation of liability

Notwithstanding any damages you may suffer, the Company's and its suppliers' entire liability under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if you have not purchased anything through the Service.

To the extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury or other damages). Loss of privacy arising out of or in any way related to the use of or inability to use the Service, third party software and/or third party hardware used in conjunction with the Service, or otherwise in connection with any provision of these Terms), even if the Company or a Supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In those states, each party's liability will be limited to the fullest extent permitted by law.

 

''IF IT IS'' and ''IF IT IS AVAILABLE'' Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, the Company, on behalf of itself and its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties arising in connection with trade, performance, use or course of dealing. Without limiting the foregoing, the Company makes no warranty or promise or representation that the Service will meet your requirements, achieve your desired results, be compatible or interoperable with any other software, applications, systems or services, operate without interruption, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its suppliers make any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Service or the information, content and materials or products contained therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or emails sent by or on behalf of Company are free of viruses, scripts, trojans, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable legal rights of consumers, so some or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations in this section apply to the extent permitted by applicable law.

Resolution of disputes

If you have any problems or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

 

Shipment

The shipping terms apply to Australia only.

We will endeavour to deliver your order to the delivery address that you provide when you place your order.

Once you have placed your order, you will receive tracking information about your order within 24 hours on working days. In some cases, it may take longer to receive tracking information. We will then send the tracking information to you as soon as possible.

The average delivery time is 5-8 days. We may notify you if we expect to exceed the expected delivery date, but we will not be liable to you for any loss, liability, cost, damage or expense due to delayed delivery, to the extent permitted by law.


We may not be able to deliver Products to certain locations, in which case we will inform you and arrange for the order to be cancelled and refunded, or for the order to be delivered to another delivery address confirmed by you.

Risk in the Product passes to you on delivery to the delivery address, unless delivery is delayed because you have not fulfilled your obligations under these Terms. Risk passes on the date on which delivery would have taken place if you had not fulfilled your obligations.

If you cannot accept delivery or collection of your order, we may give you a card with instructions for a new delivery or collection by the carrier.

If the delivery or collection is delayed because of your unreasonable refusal to accept the delivery, or if you fail to accept or collect the order from the carrier, we may charge you for any other costs we have incurred in returning the order to the sender, without prejudice to any other rights or remedies available to us.

For users in the European Union (EU)

If you are a consumer in the European Union, you are subject to all mandatory provisions of the laws of the country where you reside.

Compliance with the laws of the Netherlands

You represent and warrant that (i) you are not located in a country that is embargoed by the Government of the Netherlands or that has been designated by the Government of the Netherlands as a state sponsor of terrorism, and (ii) you are not on any list of prohibited or restricted parties established by the Government of the Netherland

Offences and exceptions

Severance pay

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to achieve the purpose of the provision to the extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

Exceptions

Except as otherwise provided in this Agreement, the failure to exercise a right or perform an obligation hereunder shall not affect the ability of the parties to exercise that right or require that performance at a later time, nor shall a waiver of one offence constitute a waiver of a subsequent offence.

Interpretation

These Terms may be translated if we have made them available to you on our Service. You agree that the original English text will prevail in the event of a dispute.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a change is material, we will use reasonable endeavours to give you at least 30 days' notice of the new terms. What constitutes a material change is determined solely by us.

By continuing to access or use our Service after these changes come into effect, you agree to be bound by the amended Terms. If you do not agree to the new Terms in whole or in part, you should stop using the Website and Service.

Information about the company

Company name: MJT E-Commerce

Company registration number: 92649173

Address: Torenlaan 5A

Postcode: 1402AT

Area: Noord-Holland

City/Country: Bussum (The Netherlands)

How to contact us

If you have any questions about these terms and conditions, please contact us:


You can contact us by email: service@boombaaroo.com