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Terms and Conditions

Vendor's Terms and Conditions General Information
HOUSE OF BOTTA is an online drop shipping trading platform for promoting new designers and brands in the fashion industry from all over the world which includes a trading option for those who choose to trade following terms and conditions of HOUSE OF BOTTA. It's located at
www.houseofbotta.com
Registered Office address of the Company is Kemp House, 160 City Road, London, EC1V 2NX, UNITED KINGDOM. Terms HOUSE OF BOTTA, website, we - service provider platform www.houseofbotta.com; Seller/Vendor - service user who places goods or other content on the site for commercial or another benefit; Buyer - anyone who purchases any goods on the platform www.houseofbotta.com; Product/goods/order - an item bought by buyer on the platform www.houseofbotta.com; Content - information of any type and nature supplied by the seller to be published on the website www.houseofbotta.com and all types of marketing/advertisement campaigns engaged/created by HOUSE of BOTTA. Introduction
These Terms and Conditions, the HOUSE OF BOTTA User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which HOUSE OF BOTTA offers you access to and use of our sites, services, applications and tools (collectively ‘Services'). Privacy Notice is incorporated into this Terms and Conditions and conditions. You agree to comply with all of the above when accessing or using our Services.
HOUSE OF BOTTA is a marketplace that allows users to offer, sell clothes, fashion items, and other items permitted by HOUSE OF BOTTA in a variety of pricing formats and locations. HOUSE OF BOTTA does not have possession of anything listed or sold through HOUSE OF BOTTA but involved in the actual transaction between buyers and sellers. HOUSE OF BOTTA is the third party involved in transactions to monitor or resolve a dispute between seller and buyer. HOUSE OF BOTTA collects money from the buyer and transfers the money to the seller as soon as buyer receives goods (depending on the goods - nonrefundable items/pre-ordered items) or after 14 days from the moment of buyer receiving the purchase unless another option has been agreed. HOUSE OF BOTTA provides customer services related to all purchase made through the site.
While we may provide guidance in pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. HOUSE OF BOTTA review users' listings or content but don't hold responsibility for sellers content or goods. While we may help facilitate the resolution of disputes through various programmes, HOUSE OF BOTTA has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Using HOUSE OF BOTTA
In connection with using or accessing the Services you will not:
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services; fail to deliver items sold by you, unless you have a valid reason as set out in a HOUSE OF BOTTA policy, for example, the buyer fails to comply with the terms posted in your listing;
manipulate the price of any item or interfere with any other user's listings; provide false, inaccurate, misleading, defamatory, or libellous content;
take any action that may undermine the Feedback or rating systems;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific HOUSE OF BOTTA transaction (which includes using this information to send marketing materials directly to HOUSE OF BOTTA users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm HOUSE OF BOTTA or the interests or property of HOUSE OF BOTTA users;
use any robot, spider, scraper or other automated means to access our Services for any purpose; bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any HOUSE OF BOTTA application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or HOUSE OF BOTTA works of authorship, designs and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of HOUSE OF BOTTA and the appropriate third party, as applicable; commercialise any HOUSE OF BOTTA application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or circumvent any technical measures we use to provide the Services;
make sure all sold items have attached tags which include information about the product (brand, composition, size, care guide and/or any necessary information required about the product); the price for the product must be provided in British pounds; vendor take full responsibility and risks involved with postage and packaging when shipping products to the customer; return postage paid by the customer unless paid return postage provided by the vendor; it is completely vendor's choice which shipping company to use for postage; order must be shipped within 2 working days from the day the order placed (unless item was labeled as pre-order); if for whatever reason item can not be posted to the customer vendor must notify HOUSE of BOTTA within 2 working days from the day of receiving the order. If you are registering with HOUSE OF BOTTA as a seller, you represent that you have the authority to legally bind that entity. If you are trading as a seller on HOUSE OF BOTTA, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our services to you as soon as you accept these Terms and Conditions. You can cancel this agreement at any time, providing us with a notice followed by our confirmation provided no longer than 3 working days. From the moment notice confirmed by HOUSE of BOTTA, no trading will be permitted onwards. Vendor and HOUSE of BOTTA obligated to finalise all orders, payment and transaction within 30 days from the point of cancellation. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Content
All content will be uploaded by HOUSE of BOTTA as part of the free service. HOUSE of BOTTA has right not to publish content if it doesn't meet requirements or goes against policies of HOUSE of BOTTA. We don't hold any responsibility for content accuracy that is published by us as the content supplied by a vendor. When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. While we try to offer reliable data, we cannot promise that website content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies. You continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with these Terms and Conditions and all HOUSE of BOTTA policies. Content may include copyrighted, trademarked or other proprietary materials. The seller gives its consent to transfer in any way any personal data of the Seller for the purpose hereof. Such data should be provided either by the Seller on its own or via any third parties in the course of execution hereof or during the term of this Agreement. The aforementioned consent shall remain valid during the entire term hereof. Should the seller provide the HOUSE of BOTTA with the third parties; personal data for the purpose hereof, the Seller guarantees that such data was provided lawfully and such personal data subjects have given consents for such personal data disclosure. The seller assumes responsibility for the lawfulness of disclosure and validity of the specified data. Fees
We charge fees for provided services. We charge 10% from the sales made through our site www.houseofbotta.com. We may change our fees, or introduce new fees from time to time by posting the changes on the HOUSE OF BOTTA site or via the emails or other available contacts from seller to notify no less than 10 days in advance about changes that about to take place. You are required to have a payment method on file when selling on HOUSE OF BOTTA (bank account details or PayPal, Stripe or Payoneer account). If your payment method fails or your account is overdue (for example refund that you owe), we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel. If your account fails and we owe you money we will get in touch to get alternative information how to transfer money to you that we owe. Refund/exchange
Customer/buyer has a right to refund/exchange of the purchased goods unless it was a nonreturnable product that included information about the product being nonreturnable in its description before the purchase. Otherwise, the customer has 14 calendar days, from the day of receiving the order, to send the order back to the seller and request exchange or full refund. The cost of postage paid by the customer unless seller provided paid postage with the order. As soon as product/order returned to the seller and seller confirms that the product/order incorrect/ appropriate condition (being exactly as it was when it was postage to the buyer, with all tags attached and not damaged), HOUSE OF BOTTA issues refund to the buyer.
In case of refund HOUSE OF BOTTA keeps the commission of this refunded order, which seller obligated to honour and pay to the HOUSE OF BOTTA via bank transfer or apply this debt to the next purchase from this seller (which means that the following purchase will have 10% commission deduction and amount in £ of the previous refunded purchase as well). If next purchase was not to happen with next 30 calendar days, the seller is obligated to transfer commission for the refunded order to the HOUSE OF BOTTA within 3 working days. If the debt is not paid to HOUSE of BOTTA in 3 working days then HOUSE OF BOTTA has the right to block/delete/switch off seller's account from the website.
In a case of exchange 10% commission applies to the price of the product the original order has been exchanged for. PAYMENT PROCEDURE
The price of the agreement shall be defined according to the tariffs set forth by the HOUSE OF BOTTA.
The HOUSE OF BOTTA shall be paid a fee for its Services in the amount of 10% of the total cost of the Goods sold by the Seller via the website of HOUSE OF BOTTA.
HOUSE OF BOTTA transfers money for sold goods to the seller after 14 calendar days from the day buyer/ customer received the order. The seller to be notified each time the transfer is complete with a copy of the receipt. The transfer amount will have HOUSE OF BOTTA commission deduction applied to it. The HOUSE OF BOTTA's services hereunder shall be paid for by means of withholding by the HOUSE OF BOTTA of certain percentage out of the total cost of the Goods sold by the Seller on the website HOUSE OF BOTTA.
The cost of the HOUSE OF BOTTA's services shall be its consideration and shall not be paid back.
The HOUSE OF BOTTA shall transfer cash funds to the Seller in the amount due to the latter hereunder by means of the cash funds transfer using one of the payment systems, as specified below (to be agreed with the Seller and can change by the seller at any time): - PayPal; - Stripe - Bank transfer - Payoneer
The fee charged by the payment systems for the cash funds transfer shall be borne by the Seller. All payments hereunder shall be made in British pounds, unless otherwise agreed by the Parties in writing. Compensation
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms and Conditions, your improper use of HOUSE OF BOTTA's Services or your breach of any law or the rights of a third party. All responsibility, as well as risks and/or spends related to products and their shipment, rely in full on the vendor. Legal Disputes
If a dispute arises between you and HOUSE OF BOTTA, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with these Terms and Conditions shall be governed and construed in all respects by the laws of England and Wales. You and HOUSE OF BOTTA both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with these Terms and Conditions against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases. General
We do not guarantee we will take action against all breaches of these Terms and Conditions.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend these Terms and Conditions at any time by email, or via other available contact and by posting the amended terms on www.houseofbotta.com. All amended terms shall automatically be effective 10 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
HOUSE OF BOTTA works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
The Terms and Conditions, the HOUSE OF BOTTA User Privacy Notice and all policies posted on our site are the entire agreement between you and HOUSE OF BOTTA and supersede all prior understandings and agreements between the parties. MISCELLANEOUS
This Agreement shall become valid and effective upon its acceptance by seller/buyer on the website www.houseofbotta.com; or as soon as sellers confirm via emails that he/she accepts current terms and conditions and/or have signed these terms and conditions or as soon as vendor emails content to any member of staff of HOUSE of BOTTA it will be taken as T&C are accepted by this vendor.
The Seller hereby permits to use the Seller related information (the logo, brand, trademark and photo images including material available on vendor's social media accounts) in the HOUSE OF BOTTA's any advertising materials, campaigns and presentations within the term hereof.
All disputes arising out of or in connection with this Agreement shall be resolved by negotiations between the Parties. Should the Parties fail to resolve disputes by way of negotiations, such disputes shall be referred to a court subject to applicable jurisdiction.
The Seller hereby guarantees that all the terms of this Agreement are clear to it, understanding the same fully and unconditionally.
The Seller hereby confirms that it has no beneficiaries, acting in one's own interests.
The Parties have agreed that substantive and procedural laws of England and Wales shall be applied to their relations, regardless of the Parties citizenship and/or place of registration. Suspension and Termination of Service
HOUSE OF BOTTA may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
HOUSE OF BOTTA may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to HOUSE OF BOTTA. Account cancellation on HOUSE OF BOTTA
HOUSE OF BOTTA is no contract e-commerce trading platform. Vendors free to stop selling their products at any time. If vendors decide to stop selling products, HOUSE OF BOTTA must be notified via email info@houseofbotta.com, stating subject ACCOUNT CANCELATION. From the moment of receiving the cancellation letter HOUSE OF BOTTA obligated to confirm received the request within 3 working days and takes down all products places by a vendor and finalises all sales of this vendor. All financial debts and obligations like a commission, payment for goods etc are to be sorted between HOUSE OF BOTTA and vendor in the time frame of 30 calendar days from the moment of the account cancellation.
The vendor can return to sell products on www.houseofbotta.com at any time after 30 calendars days from the day cancellation period was finalised and closed. Extra conditions
HOUSE OF BOTTA accepts no obligation to monitor the use of the Site. However, HOUSE OF BOTTA reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. HOUSE OF BOTTA will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
HOUSE OF BOTTA may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
This file is for information purpose only. Complete terms and conditions can be found on the website https://houseofbotta.com/terms-and-conditions
Vendor guarantees that current terms and conditions are completely understood, clear and accepted by the vendor. Last update date 17th of July 2017

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