1. Introduction
Please read these terms of sale carefully.
You must explicitly agree to these terms before placing an order on our website.
2. Interpretation
In these terms, "we" refers to Birmingham Foam Shop, a trading name of Birmingham Foam Shop Ltd (and "us" and "our" should be interpreted accordingly); "you" refers to our customer or potential customer (and "your" should be interpreted accordingly).
3. Order Process
The product listings on our website are invitations to treat; your order is a contractual offer. A contract will only be formed when we accept your order, as outlined below.
To purchase products, follow these steps: (i) Add products to your cart and proceed to checkout; (ii) If you're a new customer, provide your contact and delivery details; (iii) Select your delivery method, confirm your order, and agree to these terms; (iv) You will be redirected to Stripe for payment; (v) We will confirm your order via email (creating a binding contract) or notify you if we can't fulfill your order. Note, we reserve the right to refuse orders at our discretion.
We do not keep a specific copy of these terms for your order. We may update these terms on the website, so we recommend downloading, printing, and retaining a copy for your records.
These terms are only available in English.
If you make an error when placing an order, please contact us immediately for corrections.
4. Products
Birmingham Foam Shop Ltd offers a range of foam cut-to-size products and accessories on www.birminghamfoamshop.co.uk
5. Price and Payment
Prices are quoted on our website. Despite our best efforts, some prices may be incorrect. We will confirm the correct price as part of our sale procedures.
In addition to product prices, you may have to pay a delivery charge, stated at checkout.
Payment is required upon order submission. We may withhold products or cancel the contract if full payment is not received.
Prices include all applicable taxes.
Payment methods include Credit/Debit Card, bank transfer and Cash (over the counter).
Prices may change at any time, but changes will not affect existing contracts.
6. Your Warranties
You warrant that: (a) You are legally capable of entering into binding contracts; (b) Your order information is accurate and complete; (c) You can accept product delivery; (d) You are a resident of England or Wales; and (e) You are at least 18 years old.
7. Delivery Policy
If selected at checkout, we will deliver to the address provided. Delivery is to the door of the delivery address only.
We aim to deliver by the date in our confirmation or within 7 working days. While we strive to meet these dates, we cannot guarantee them due to third-party couriers. However, we guarantee dispatch within 30 days of order confirmation and payment receipt, barring exceptional circumstances. For large orders, additional processing time may be needed, and we will contact you if required.
Goods are inspected before dispatch to ensure they leave in perfect condition. If transit damage is evident on delivery, notify us immediately while the driver is present. For damage found after opening, inform us within 24 hours.
Next-day delivery is available in 90% of cases, but we cannot be liable for delays by third-party couriers. We guarantee timely processing and dispatch for courier collection.
We only deliver within the UK unless otherwise agreed.
Refer to our delivery section for more details.
8. Tolerance Policy
Upon receipt, fully unpack and allow your order to sit for 24 hours before checking tolerances. Report any size issues within 48 hours.
Do not leave foam wrapped for extended periods as it may permanently compress. Foam has a tolerance of +/- 5mm in all dimensions.
9. Risk and Ownership
You assume risk upon delivery. Ownership transfers upon the later of: (a) Delivery; and (b) Full payment receipt.
We can recover payment even if ownership has not transferred.
10. "Cooling Off" Period
You may cancel a contract within 7 working days after receiving the products, with exceptions for goods made to your specifications, personalized items, or perishable goods.
To cancel, inform us in writing and return the products in their original condition and packaging. Refunds will exclude shipping costs, and you are responsible for return shipping costs.
If you do not return the products, we may recover them and charge you the cost. If we cover return shipping, we will pass the cost to you.
Refer to our Returns Policy for more details on bespoke orders.
11. Statutory Rights
These terms do not affect your statutory rights, including the right to a refund for defective products.
12. Refunds
Refunds will be processed using the original payment method within 30 days of receiving your valid cancellation notice.
Our Liquid Vehicle wrap products are guaranteed against manufacturing faults. No warranty applies to commercial use, and the guarantee does not cover faults from accidents, neglect, or misuse.
13. Limitations of Liability
These terms do not limit or exclude liability for: (i) Death or personal injury from negligence; (ii) Fraud or fraudulent misrepresentation; or (iii) Any matter for which it is illegal to limit or exclude liability.
We are not liable for business losses related to products intended for personal use.
14. Force Majeure
Neither party is liable for loss or damage due to a Force Majeure event. The affected party must promptly notify the other, use reasonable efforts to mitigate the effect, and continue performing obligations as possible.
15. General Terms
Product images are illustrative; actual products may differ.
We may need to laminate foam thicknesses, which will not affect quality. Larger items may not include stockinette and dacron due to width limitations.
Contracts may only be varied by a written, signed instrument. We may revise these terms, but revisions will not affect existing contracts.
If any term is held invalid or unenforceable, the remaining terms remain in effect.
No waiver of any term constitutes a continuing waiver.
You may not transfer your rights or obligations under these terms. Any attempt to do so is null. We may transfer our rights or obligations at any time, ensuring no reduction in your guarantees.
Contracts benefit the parties involved and are not intended for third-party enforcement. Termination, rescission, or amendment requires consent only from the parties involved.
Subject to Section 13, these terms represent the entire agreement regarding product purchases and supersede previous agreements.
These terms are governed by English law, with the courts of England and Wales having jurisdiction.
16. About Us
Our full name: Birmingham Foam Shop Ltd
Registered office: Birmingham Foam Shop Ltd, 783 Warwick Road, Tyseley, Birmingham B11 2HA. Company No. 14015710
Company registration number: 14015710
Email: info@birminghamfoamshop.co.uk