Terms and Conditions
1. About Us
1.1 Bostonmowers.co.uk is a website owned by J. Carr and Son Ltd.("we"/"us") for the provision of information about lawnmowers and powertools sale of products relating to lawnmowers and powertools.
1.2 These terms and conditions apply to all and any use of our website. If you do not accept these terms and conditions please do not use our website and leave now.
1.3 Since we are principally aiming our website at the UK market, we cannot guarantee that our website accords with local laws of any other countries. You are therefore responsible for compliance with the laws of your jurisdiction.
The copyright and all other rights in all of the material on this site are owned by J. Carr and Son Ltd., or the material is included with the permission of the rights owner.
As a visitor to this site, you may copy material on this site for your own private or domestic purposes, but no copying, adapting or transmitting for any purpose other than your own private or domestic purposes is permitted.
Whilst we try to ensure that the information on this site is accurate and complete, we do not accept any liability arising from any inaccuracy or omission in the information on this site. We advise you to verify the accuracy of any information before relying on it.
On this site you will be offered automatic links to other sites which we hope you will be interested in. J. Carr and Son Ltd. does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with J. Carr and Son Ltd.
If you contact us by completing a form on the web site, your e-mail address and, optionally, other personal information will be stored on our servers. This information will be used to contact you and to help us deal with your queries. To purchase any of our services or products you must register your details with the website. We secure all personal data using a password that the user chooses. If you wish to add, modify or delete any of the information that we hold about you, please contact us at the following address firstname.lastname@example.org.
Any personal information you send us, for whatever purpose, is held in the strictest confidence and will not be disclosed to a third party without your express permission, unless legally required. We meet the UK Data Protection Requirements and our organisation is registered with the Data Protection Registrar.
We take great care to ensure that all parts featured on the web site are of high quality. Due to the nature of the type of product on this web site there is no guarantee as such on any of the spare parts. Spare parts are consumable items and we have no control over there correct fitting or use. It is deemed that any parts ordered would be fitted to the machine outside of the manufacturers warranty period. Details of which would be included with the machine when originally purchased.
8.1 All prices featured on the website include VAT and are quoted in pound sterling.
Delivery charges plus packaging in mainland uk are as follows:-
Band A £3.95
Band B £4.95
Band C £5.95
Band D £6.95
Band E £7.95
Band F £8.95
Band G £9.95
Band H £10.95
Band I £11.95
Band L £14.95
Band M £19.95
Band N £29.95
If you order the following,
Product 1 " band A
Product 2 " band A
Product 3 " band C
The carriage charge on this example order will be once times band C. On particularly large orders we reserve the right to alter the carriage charge. We will inform you if this is necessary.
8.2 On multiple part orders the postage and packaging will not exceed 1X highest band rating of parts ordered.
8.3 Outside of the UK delivery charges will be calculated on a product-by-product basis. We reserve our right not to deliver to places outside the UK and will notify you accordingly.
8.4 Delivery outside the UK may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you once the products you have ordered are in customs to let you know the cost.
8.5 Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time as we cannot be responsible for ensuring adherence to such lead-time.
8.6 If your order will not be delivered within the timeframe specifies at when we accept your order we will notify you and try to rectify the situation as quickly as practically possible.
8.7 All new orders are deemed separate and each is treated individually.
9.1 J CARR & SON LTD is providing this
site on an â€˜as isâ€™ basis and makes no representations or warranties of any
kind with respect to this site or its contents and disclaims all such
representations and warranties. In addition, J CARR & SON LTD makes no
representations or warranties about the accuracy, completeness, or suitability
for any purpose of the information and related graphics published in this site.
The information contained in this site may contain technical inaccuracies or
typographical errors. All liability of J CARR & SON howsoever arising for
any such inaccuracies or errors is expressly excluded to the fullest extent
permitted by law.
9.2 Neither J CARR & SON LTD nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
9.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit J CARR & SON LTD liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
10. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
11.1 The prices payable for goods that you order are as set out in our website.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
12. Right for you to cancel your contract
12.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
12.2 To cancel your contract you must notify us in writing.
12.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
12.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
13. Cancellation by us
13.1 We reserve the right to cancel the contract between us if:
13.1.1 we have insufficient stock to deliver the goods you have ordered;
13.1.2 we do not deliver to your area; or
13.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
13.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
14. Delivery of goods to you
14.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
14.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
14.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
15.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 3 working days of the delivery of the goods in question.
you order goods incorrectly, we shall have no liability to you. Items are only
eligible for return if they are deemed as damaged, incorrect quantity (over
supply to ordered amount), or Picked wrong by ourselves or if data displayed on
our website has been found to be incorrect.
15.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
15.3.1 To make good any shortage or non-delivery; or
15.3.2 To replace or repair any goods that are damaged or defective; or
15.3.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
15.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 16.3.3 above.
15.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 9-10 Horncastle Road Boston Lincolnshire PE21 9BN and all notices from us to you will be displayed on our website from to time.
17. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
22. Entire agreement