Last Updated: March 5, 2022
THE BANANA BOAT LIMITED (“TBBL) is registered in England and Wales. Registration Number 13852888. Registered address 11 Link Road, Birmingham, B16 0EP.
Access to and use of this website and the products and services available to purchase through this site are subject to the following terms and conditions. By using this website you are agreeing to be bound by our Terms and Conditions and our Privacy Policy.
The Terms and Conditions may be changed or updated by TBBL from time to time and without prior notice. We will indicate at the top of the Terms and Conditions the date on which they were last updated and any use of the site following such a change assumes acceptance of the new Terms and Conditions.
General Terms of Use
TERMS OF USE OF THIS WEBSITE
You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK and any other jurisdiction from which you are accessing the site.
In using the site you agree that you:
- will provide true, accurate, current, complete and non misleading information on any registration form or as otherwise reasonably requested by TBBL
- will not disclose any unauthorised, false or fraudulent details
- will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
- will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy
If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. TBBL reserves the right to disable any User ID or password either chosen by you or allocated by TBBL in the event that TBBL believe you may have failed to comply with the Terms and Conditions.
You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions.
TBBL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
TERMS UNDER WHICH THIS WEBSITE IS PROVIDED
Access to this site is provided on a temporary basis and we reserve the right at any time to
- withdraw or amend the service without notice
- to withdraw access to some or all of the site
- to suspend some or all of the services offered
- remove goods , featured jobs or promotions from the site
- cancel your registration and/or account without prior notice
- report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them
- deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy
Conditions of Making an Online Purchase
BUYING ONLINE
You may purchase certain goods online at thebananaboat.co.uk. Please see our Delivery Information for details of delivery charges and restrictions. The delivery times given are estimated and from time to time may be affected by events outside our control, for example inclement weather or postal strikes, for which we will not be responsible.
For any promotion for Free Standard Delivery on any order, we reserve the right to withdraw the offer at any time and standard restrictions apply.
In order to make a purchase you will need to set up an account. We will ask for personal information in order to set up the account and you agree to provide accurate, current, complete and non misleading information. Our Privacy Policy outlines how this information will be collected and managed.
By placing an order online you make an offer to purchase in accordance with these Terms and Conditions. We will acknowledge receipt of your order both online and via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been dispatched. Payment is taken at the point of despatch.
You can return items within 14 days of receipt. Please see our Returns Policy for exclusions, conditions and method of return.
PRESENTATION, PRICING & AVAILABILITY OF GOODS
We always aim to ensure that all details, descriptions and prices appearing on this website are accurate, but from time to time errors may occur. While we try to accurately represent the colour of an item in our photography representation of the item may be affected by the settings of the computer on which it is viewed.
Where we have made an error in the price of an item on our site we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price, or cancel the order.
All items sold are subject to availability and while every effort is made to fulfil your order, products turn over very quickly in our warehouse and on rare occasions the item you require may not be available although you have received a confirmation of your order. We will advise you by email if we have to cancel your order for this reason, and no payment will be taken.
Images of products or information about products at thebanana.co.uk do not constitute an offer to sell, but an invitation for the Clients to offer purchase.
PAYMENT
All prices are inclusive of tax we are liable to paym. Delivery costs are charged in addition to the product price and included in the total cost. Any additional charges are clearly displayed where applicable and included in the total cost.
If you are paying by credit or debit card, we will carry out a standard pre-authorisation check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be despatched until the pre-authorisation check is complete.
We will charge your card only when your goods are despatched. Your credit card company may allocate funds from your card before we make this charge.
RIGHT OF CANCELLATION
If you are a consumer (i.e. you are not a business) you have the right to cancel your contract with us and receive a full refund. You have 14 days from the day on which you receive your order to notify us that you wish to cancel, and you may do so by writing to us at info@thebananaboat.co.uk. If you receive the items from your order on different days, this cancellation period shall end 14 days after the day on which you receive the final item of your order. You must then return your order in full without delay, either by post (at your own cost and risk), or to store (at no cost). All goods contained in your order must be returned in their original condition (together with all packaging and labelling), and show no signs of use or damage. We reserve the right to refuse a refund if the goods do not meet this standard.
If you receive the items from your order on different days, this cancellation period shall end 14 days after the day on which you receive the final item of your order). You must then return your order in full without delay, either by post at your own cost and risk, or to store at no cost. All goods contained in your order must be returned in their original condition, together with all packaging and labelling, and show no signs of use or damage. We reserve the right to refuse a refund if the goods do not meet this standard.
If your contract is cancelled in full, we will provide you with a refund for the item(s) within 14 days of our receipt. If you have paid a delivery charge, we will also refund the standard delivery charge to you. Please note, if you have used one of our quicker delivery options we will only refund the standard delivery charge.
This right does not apply to perishable items, customised goods and items that are sealed for personal hygiene reasons where they have been unsealed, including jewellery worn in a piercing.
Terms Governing Web Content and its Use
LINKING TO THIS WEBSITE
You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.
- The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation
- The link must not suggest any form of association, approval or endorsement on our part where none exists
- You must not establish a link from any website that is not owned by you.
- The website must not be framed on any other site.
- The link must be made to the home page only.
LINKS TO OTHER WEBSITES
Our website may contain links to sites not owned or operated TBBL. These links are not intended to be referrals or endorsements of the linked sites and TBBL provide them for your convenience only. TBBL is not responsible or liable for any part of the linked site including any information presented. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.
Our website may also contain links to other sites operated by TBBL. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.
COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively “Content”) are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by TBBL or our suppliers. All software used on this website is the property of TBBL, its suppliers or third party suppliers as applicable and is protected by UK and international copyright and other intellectual property laws.
Guidelines for use
- You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website
- 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 authors of material on the website must always be acknowledged
- You must not use any part of the content on the website 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 the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made.
Legal Clauses
DISCLAIMER OF LIABILITY
The website, its content, any material displayed on this website, any information available on or through this website and the software is provide “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.
Unless expressly stated to the contrary, to the fullest extent permitted by law, TBBL and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
- Any loss of goodwill or reputation or
- Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon
TBBL does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. TBBL makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the United Kingdom.
Nothing in these Terms and Conditions shall limit TBBL’S liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.
INDEMNITY
You agree to indemnify, defend and hold harmless TJX UK’s directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.
VARIATION
TBBL shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.
INVALIDITY If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely ressembles the original meaning of the term as is permitted by law.