Terms of Use
Last updated: 28 February 2023
These Terms of Use (“Terms”) govern your use of our website at www.bmstores.co.uk (as may be updated or replaced from time to time) (our “Website”) and shall apply whether you are accessing our Website through an internet browser or through our ‘B&M Stores’ mobile application (our “App”).
When you access, browse and/or use our Website / App you are accepting and are agreeing to these Terms. Please note, our products can only be purchased in-store and are not available to purchase through our Website / App.
If you access, browse, use and/or (where applicable) make a purchase from any of our other websites (such as www.bmflowers.co.uk or www.bmgardenbuildings.co.uk), the terms and conditions displayed on those other B&M websites shall apply.
Please read these Terms carefully before you access, browse and/or use our Website / App in order to check that there is nothing in these Terms which you are not willing to agree to. If you do not agree with any part of these Terms, please do not access, browse or use our Website / App.
We may prevent or suspend your access to and use of our Website / App if you do not comply with these Terms and/or any applicable laws.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are B&M Retail Limited (trading as B&M Stores) a company registered in England under company number 01357507. Our registered office is at The Vault, Dakota Drive, Estuary Commerce Park, Speke, Liverpool, Merseyside L24 8RJ. Our VAT number is 673 583601.
1.2 We operate our Website / App. These Terms set out, amongst other things, how you are expected to use our Website / App, our legal rights and responsibilities; and certain key information required by law.
1.3 If you have any questions about our Website, our App and/or these Terms, please contact our Customer Care team using the following details:
(a) calling us on 0330 838 9000;
(b) sending an email to us at Customerservices@bmstores.co.uk;
(c) writing to us at our registered office address set out in clause 1.1 above; or
(d) filling out and submitting the online form on the ‘Contact us’ page of our Website.
1.4 All calls to our Customer Care team will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
1.5 Our Website / App is directed to users who are consumers; by that we mean people who want to use our Website / App for personal and domestic use and not for purposes related to their trade, business, craft or profession. Whilst we do not knowingly make available our Website / App to business users, we acknowledge that there may be occasions where business users access and use our Website / App. As such, we have made a distinction between consumer users and business users under clause 5 (Our Responsibility To You) and clause 14 (Governing Law and Jurisdiction) below.
2. THESE TERMS
2.1 Any reference to ‘B&M’, ‘we’, ‘us’ or ‘our’ in these Terms is to B&M Retail Limited (trading as B&M Stores), and any reference to ‘you’ or ‘your’ is to the person accessing, browsing and/or using our Website / App (as applicable).
2.2 We may make changes to these Terms from time to time. Every time you wish to use our Website / App, please check these Terms to ensure that you understand the terms that apply at that time. These Terms were most recently updated on the date set out at the beginning of these Terms.
2.3 Please print out, save or download (as applicable) a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.
2.4 There may be legal notices and policies on other areas of our Website / App which relate to your use of our Website / App (for example, our Privacy Policy and Cookie Policy www.bmstores.co.uk/privacy-policy and www.bmstores.co.uk/cookies), all of which will, together with these Terms, govern your use of our Website / App. If you purchase products from any of our stores, separate terms and conditions may apply (which shall be notified to you at the relevant time).
3. USE OF OUR WEBSITE / APP BY YOU
3.1 Our Website / App is made available free of charge. However, please note that charges may be applied by your service provider for internet access.
3.2 Our Website / App is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website / App is appropriate for use or available in other locations. If you choose to access our Website / App from outside the United Kingdom, you do so at your own risk.
3.3 The content of each of the pages of our Website / App is for your general information and use only. We may update and change our Website / App from time to time (without notice to you) to reflect changes to our products/services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes where appropriate to do so. Software updates for our App may be issued from time to time. Depending on the nature of the update, you may not be able to use our App until you have downloaded the latest version of our App and accepted any new terms.
3.4 Our Website / App uses cookies to monitor browsing preferences. If you do allow cookies to be used, please refer to our Cookie Policy www.bmstores.co.uk/cookies for more information on what cookies we use.
3.5 We do not guarantee that our Website / App, or any content on it/them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website / App for business and operational reasons. Where possible, we will try to give you reasonable notice of any suspension or withdrawal.
3.6 Except as set out in these Terms, neither we nor any third parties provide any warranty, guarantee or assurance as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website / App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.7 We do not guarantee that our Website / App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website / App. You should use your own virus protection software.
3.8 You may only use our Website / App for lawful purposes. You must not use our Website / App:
(a) in any way that breaches any applicable laws or regulations, or in any manner inconsistent with these Terms;
(b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to bully, insult, intimidate or humiliate any person;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(g) in any way that involves child sexual exploitation or abuse; and/or
(h) to upload terrorist content.
3.9 You also agree not to:
(a) access without our express written authority, interfere with, damage or disrupt:
(i) any part of our Website / App;
(ii) any equipment or network on which our Website / App is stored;
(iii) any software used in the provision of our Website / App; or
(iv) any equipment or network or software owned or used by any third party;
(b) conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website / App or any services provided via, or in relation to, our Website / App;
(c) establish a link to our Website / App without our prior written permission and subject to such conditions as we may from time to time stipulate.
3.10 You are responsible for ensuring that all persons who access our Website / App through your internet connection/ device (as applicable) are aware of these Terms and other applicable terms and conditions and policies, and that they comply with them. Where you are not the owner of any device used to access our Website / App, you are assumed to have obtained permission from the owner(s) and accept responsibility for full compliance with these Terms.
3.11 All intellectual property rights in our Website / App and the materials contained within it/ them are owned by or licensed to B&M. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of all or any part of our Website / App, whether by copying, transmitting, streaming, creating links, or otherwise distributing or communicating it in any media whatsoever, is prohibited except as permitted by any applicable laws or with our prior written consent (which may be subject to such conditions as we may from time to time stipulate).
3.12 Any trademarks reproduced on our Website / App which are not the property of, or licensed to, B&M are acknowledged on our Website / App.
3.13 Use of our Website / App does not confer any intellectual property rights to you in relation to our Website / App, its/their contents or the material on it/them. Unauthorised use or copying of materials from our Website / App may give rise to a claim for damages and/or be a criminal offence.
3.14 From time to time our Website / App may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) (except for those other B&M websites referred to in these Terms). We have no control over the contents of the linked website(s) and shall have no responsibility for the content of the linked website(s).
3.15 You may create an account on our App. To register for an account, you must be over eighteen (18) years of age. When you register for an account, you will be asked to create a user ID and password. You must keep this user ID and password confidential and must not disclose them or share them with anyone. You will be responsible for all activities that occur under your account, user ID and/or password. If you know or suspect that someone else knows your user ID and/or password, you should notify us immediately by contacting us using the details set out in clause 1.3. We may disable your user ID and password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
4. PRODUCT DESCRIPTIONS
4.1 Our Website / App contains descriptions of some of our products (which, where applicable, includes product specific terms and conditions such as any warranties, after-sales service and guarantees). Not all products that are displayed on our Website / App are necessarily available for purchase in our stores and not all products available for purchase in our stores are displayed on our Website / App.
4.2 We have taken reasonable and proportionate precautions to try to ensure that prices quoted on our Website / App are correct and that all products have been fairly and accurately described. However, when accessing, browsing and/or using our Website / App please note that:
(a) product prices are correct at time of uploading and may be subject to change (also, individual stores may occasionally run promotions which are not shown on our Website / App);
(b) pictures and images of the products on our Website / App are for illustration purposes only and in-store products may vary from that shown on our Website / App;
(c) packaging of in-store products may vary from that shown on our Website / App;
(d) the weights, dimensions and capacities shown on our Website / App are approximate only;
(e) whilst we try to display the colours of our products accurately on our Website / App, the actual colours you see will depend on what device you are using and your settings and we cannot guarantee that your device’s display of any colour will accurately reflect the colour of our in-store products; and
(f) products displayed on our Website / App are subject to availability in our stores. Please note, the availability of our products can vary between our stores. Please feel free to contact us using the details set out in clause 1.3 if you would like us to check in-store availability before travelling.
5. OUR RESPONSIBILITY TO YOU
5.1 Whether you are a consumer user or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
5.2 If you are a business user:
(a) we exclude all implied conditions, warranties, representations or other terms that may apply to our Website / App or any content on it/them;
(b) we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our Website / App; or
(ii) use of or reliance on any content displayed on our Website / App;
(c) we will not be liable for:
(i) loss of profits, sales, business, or revenue (in each case, whether direct, indirect or consequential);
(ii) business interruption (whether direct, indirect or consequential);
(iii) loss of anticipated savings (whether direct, indirect or consequential);
(iv) loss of business opportunity, goodwill or reputation (in each case whether direct, indirect or consequential); or
(v) any other indirect or consequential loss or damage.
5.3 If you are a consumer user, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss and damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
5.4 IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS IS INTENDED TO AFFECT OR OTHERWISE RESTRICT YOUR LEGAL RIGHTS UNDER CONSUMER LAWS. YOU MAY ALSO HAVE OTHER RIGHTS IN LAW AVAILABLE TO YOU SHOULD WE FAIL TO CONFORM WITH THESE TERMS.
6. YOUR INFORMATION
Any personal information that you provide to us will be handled in accordance with our Privacy Policy
