Terms of Service
Contract of Sale
The Contract of Sale is between OMC Barbecues T/A Broil King Barbecues and you the ‘Purchaser’. 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 received by sending an email to you at the email address you provide in your order form.
This email is only an acknowledgement of receipt of your order and your contract to purchase these items is not complete until we send you an email notifying you that the items have been despatched to you.
Our acceptance of your order brings into existence a legally binding contract between us.
Our right to refuse your order
We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
If we do refuse your order, we will notify you by email and will refund your account any sum deducted by us from your method of payment 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.
Price
The prices payable for goods that you order are as set out in our website.
You may be required to pay extra for delivery, and it might not be possible for us to deliver to some locations. Please check before placing your order to avoid disappointment.
Right for you to cancel your contract
You may cancel your contract with us for the goods you order at any time up to the end of the 14th working day from the day after 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.
To cancel your contract, you must notify us in writing or email us online@broilking.uk
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.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
If you cancel the contract but do not return the goods to us in the condition they were in when 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.
Delivery of goods
We will deliver the goods ordered by you to the registered address of the payee for delivery at the time you place your order.
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.
Notices
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 OMC Barbecues Limited, Units 8 & 9 Westwood Court, Clayhill Industrial Park, Neston, Cheshire, CH64 3UJ, email online@broilking.uk
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, blockades, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident or ‘Act of God’.
You acknowledge and agree to be bound by the terms of our privacy policy.
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.
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.
Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.