01 About us
Boma Garden is the trading name of The Boma Garden Centre Ltd, located at 51–53 Islip Street, Kentish Town, London, NW5 2DL, United Kingdom.
Email: sales@bomagardencentre.co.uk | Tel: +44 20 7284 4999.
These Terms & Conditions govern purchases made through bomagarden.shop. By placing an order, you agree to these terms.
02 Our contract
Your order constitutes an offer to purchase goods from us. A contract is formed when we accept your order and send you an order confirmation or dispatch confirmation. An automated acknowledgement that we have received your order does not necessarily mean that your order has been accepted.
We reserve the right to decline or cancel an order where a product is unavailable, a pricing or listing error has occurred, we are unable to deliver to your address, or we have reasonable grounds to suspect fraudulent or unauthorised activity. If payment has already been taken for an order that we cancel, we will arrange an appropriate refund.
03 Pricing & payment
All prices on bomagarden.shop are displayed in pounds sterling (GBP). Any applicable VAT is included in the displayed price where required by law.
Payment must be made using one of the payment methods displayed at checkout. Your order will be processed once payment has been authorised or confirmed. Payments are handled through the relevant payment provider.
If a genuine pricing error is identified, we will contact you before proceeding with the order. If we cannot agree on the correct price, we may cancel the order and refund any payment already taken.
04 Delivery
We currently offer delivery to eligible addresses within the London M25 postcode area. Delivery availability, charges and estimated timescales depend on your location, the products ordered and the delivery method available. Any applicable delivery charge and estimated delivery information will be displayed before you complete your order.
Full details of delivery arrangements and delivery charges are set out in our Delivery Policy, which should be read alongside these terms.
Unless otherwise agreed, we will deliver the goods within the delivery period agreed with you or, where no period has been agreed, within the time required by applicable law. Risk in the goods passes to you when the goods come into your physical possession or that of a person nominated by you to receive them, subject to applicable consumer law.
05 Products
Boma Garden sells a range of home, garden and outdoor-living products, including indoor and outdoor plants, handmade pots, compost, plant food, gardening accessories and garden-care products.
Some products, particularly plants and other living goods, require appropriate handling, preparation or care after delivery. Please read any care instructions, product information and safety guidance supplied with your purchase before use.
For gardening products, tools and equipment, follow the manufacturer's instructions and any relevant safety information. Use products only for their intended purpose and keep them away from children or pets where the product instructions indicate this is necessary.
06 Product descriptions and images
We make reasonable efforts to ensure that product descriptions, specifications and images are accurate and up to date. However, images are provided for illustrative purposes and natural variations may occur, particularly with living plants and handmade products.
Plants are natural products and may vary in size, shape, colour, foliage, flowering stage and appearance according to season and growing conditions. Handmade pots and similar items may also have minor variations in finish, texture, dimensions or colour. These variations do not necessarily indicate a fault where the product remains consistent with its description and stated characteristics.
Product dimensions, materials, features, care requirements and included accessories should be checked carefully before ordering. Nothing in this section limits your statutory rights if goods are faulty, not as described or otherwise fail to meet the requirements of the Consumer Rights Act 2015.
07 Product availability
All orders are subject to product availability. If an item becomes unavailable after you place an order, we will contact you to explain the situation and discuss the available options.
Where we cannot supply an item and the order is cancelled, any payment taken for that item will be refunded. We may offer an alternative product, but we will not substitute a product without your agreement.
08 Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you generally have the right to cancel an online order within 14 days of receiving the goods, without giving a reason.
To exercise this right, contact us at sales@bomagardencentre.co.uk before the cancellation period expires. You then generally have a further 14 days to return the goods.
Where cancellation is valid, we will refund the purchase price and the standard delivery cost in accordance with applicable legal requirements. You may be responsible for the direct cost of returning the goods unless we have agreed otherwise or the goods are faulty. We may make a deduction for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Some statutory exceptions apply, including goods liable to deteriorate or expire rapidly, certain personalised goods and sealed goods unsuitable for return for health protection or hygiene reasons once unsealed. The exception for rapidly deteriorating goods may apply to certain live plants depending on their nature and circumstances. It does not remove your rights where goods are faulty or not as described. Further details are provided in our Returns & Refunds Policy.
09 Your rights under the Consumer Rights Act 2015
Your statutory rights under the Consumer Rights Act 2015 remain unaffected. Goods must be of satisfactory quality, fit for purpose and as described. If goods are faulty, not as described or otherwise fail to meet these requirements, you may be entitled to one or more of the following remedies, depending on the circumstances:
- Within 30 days of delivery: you generally have the short-term right to reject faulty goods and receive a refund.
- Within the first 6 months: you may be entitled to request a repair or replacement. If that is impossible or unsuccessful, you may be entitled to a refund or price reduction.
- After 6 months: repair, replacement or a price reduction may still be available. Depending on the circumstances, you may need to demonstrate that the fault was present when the goods were supplied.
To report a problem, contact sales@bomagardencentre.co.uk with your order number, a description of the issue and photographs where possible.
For living plants, please contact us as soon as reasonably possible if they arrive damaged or appear to have a problem on arrival. This helps us assess the issue, but does not shorten or remove any statutory rights you may have.
10 Our liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of your statutory consumer rights, or any other liability that cannot legally be excluded or limited.
Subject to the above, we are not responsible for losses that were not reasonably foreseeable at the time the contract was formed or for losses that arise from circumstances outside our reasonable control.
We are not responsible for deterioration or damage caused by failure to follow reasonable product care instructions after delivery, provided that this does not affect your statutory rights or any responsibility we have for goods that were faulty or not as described when supplied.
Nothing in this section affects any rights or remedies you have under applicable consumer protection legislation.
11 Intellectual property
All content on bomagarden.shop, including text, graphics, logos, images and website design, is owned by The Boma Garden Centre Ltd, its licensors or the relevant rights holders, unless otherwise stated.
You may not reproduce, distribute or use website content for commercial purposes without the prior written permission of the relevant rights holder.
12 Force majeure
We will not be responsible for a delay or failure to perform our obligations where it is caused by events beyond our reasonable control. Such events may include natural disasters, extreme weather, pandemics, industrial action, transport disruption, interruptions to utilities or failures of third-party services.
Where such an event affects your order, we will take reasonable steps to notify you and explain any impact on delivery or fulfilment. This section does not remove any rights you may have to cancel an order or obtain a refund under applicable law.
13 Governing law
These Terms & Conditions are governed by the laws of England and Wales.
Disputes will be subject to the jurisdiction of the courts of England and Wales, without prejudice to any mandatory consumer protections or rights that apply in your country of residence.
