BOMME provides bespoke sneaker customisation services (the Deliverables).
These Conditions apply to and form part of the contract (the Contract) between BOMME Limited (the Company) and you (the Customer) to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any confirmation of order, specification or other document).
No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase conditions, order, confirmation of order, specification or other document shall form part of the contract except to the extent that we otherwise agree in writing.
Each order made by you shall be an offer to purchase the Deliverables subject to these Conditions.
You must ensure that the applicable specification to your order is complete and accurate in all respects. For the avoidance of doubt, nothing in any written correspondence between the parties by letter or email before, on or after acceptance shall expressly or by implication form part of and/or be incorporated into any Contract or shall be deemed to vary the Contract (in whole or part) unless such letter or email originates from and is written and sent by a duly authorised officer of the Company.
These Conditions take precedence over your own terms and conditions, including any terms and conditions that may be printed on your order forms or other documentation. In the case of any conflict between these Terms and any other document presented by us, these Conditions shall prevail.
The advertising on our website is an invitation to treat only. They are not an offer to supply Deliverables and are incapable of being accepted by the Customer.
Orders will be accepted and dealt with by payment made upon pro-forma invoicing. Once the order is placed materials are ordered and work can commence at any time. The Customer acknowledges that the bespoke nature of the Deliverables makes cancellation impossible from the point the order is placed and slight variations from the sales literature may be apparent as a result.
Whilst we endeavour to give you a realistic idea of what the end Deliverables will look like, owing to the bespoke nature of the goods and services it is impossible to give you a fully accurate representation of the Deliverables beforehand and no warranties are given as to how a particular pair will look.
The Company reserves the right without prior notice to discontinue or change specifications and prices on products, programs and services offered without incurring any obligations (although changes to specification and pricing will not affect orders placed prior to the change).
When placing your order, you warrant that you are not insolvent and have not committed any act of bankruptcy, or, being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for your winding up or exercise any other rights over you or against your assets.
Title in the Deliverables will not pass until they are paid for in full.
The Company accepts all major credit and debit cards and a full list of available payment methods can be found here [insert hyperlink once payment gateway chosen]. The Company does not accept any method of payment outside of these and will not be liable for any loss of payment or further damages that may result if you attempt to pay outside of these methods.
All prices displayed are inclusive of value added taxes where applicable and the cost of shipping. The cost of custom duties and import fees in your home country may be charged separately.
You recognise that any default of payment authorises us and third parties acting as our agents to supply and disclose appropriate information relating to you in order to obtain payment. You further acknowledge that we have a legitimate interest in so doing.
We aim to deliver internationally within 7-10 business days depending on customs clearance. If we are unable to deliver to your location, our Customer Service team will contact you to find a solution.
Time is not of the essence in relation to the performance or delivery of the Deliverables. The Company shall use its reasonable endeavours to meet estimated dates for delivery and performance, but any such dates are approximate only.
The dimensions of the Deliverables are quoted in our sales literature in all published formats but are a guide only as there can be minor variations in the dimensions of the finished goods owing to the bespoke nature of the product. If you are in any doubt as to whether access is going to be adequate, we advise you to contact the Company beforehand. Risk in the Deliverables will pass to the Customer on delivery.
We take our own intellectual property rights seriously and value that of others’. When you place an order, you warrant that the image used will not infringe upon or violate any contract with a third party or any third party’s rights and that you have full authority to use the image in question. You agree to indemnify the Company against any third party claims (including legal fees) that arise in the event this Condition is breached.
You also warrant that none of the images supplied will be offensive or contrary to public morals. The Company, acting in its sole discretion, expressly reserves the right to refuse your order if this is the case.
The Company operates and maintains printing equipment and materials to the highest standards, but as colours may change over time, colour prints are not guaranteed against change.
All materials may also vary between production batches, therefore shoes supplied may vary slightly in colour and/or finish as an inherent part of the bespoke nature of the Deliverables.
Except as set out in this Condition, we give no warranty and make no representation in relation to the Deliverables and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982 and ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
The Customer shall indemnify, and keep indemnified, the Supplier from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Supplier as a result of or in connection with the Customer’s breach of any of the Customer’s obligations under the Contract.
The Customer shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover its obligations under the Contract. On request, the Customer shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this Condition.
The Company’s total liability shall not exceed the order price for the Deliverables. The Company shall not be liable for consequential, indirect or special losses.
The Company shall not be liable to the Customer for any of the following (whether direct or indirect):
Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
Neither party shall be liable if delayed in or prevented from performing its obligations due to an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract, provided that it:
The Company may terminate the Contract at any time by giving notice in writing to the Customer if the Customer:
Termination or expiry of the Contract shall not affect any accrued rights and liabilities of the Supplier at any time up to the date of termination.
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, the Company. The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without the Company’s prior written consent
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).