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Terms and Conditions

Vendor Terms and Conditions

General Information

HOUSE OF BOTTA is online trading platform for promoting new designers and brands in fashion industry from all over the world which includes trading option for those who choose to trade following terms and conditions of HOUSE OF BOTTA. Its 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 other 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 seller to be published on the website www.houseofbotta.com

Introduction

This User Agreement, 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’). You can find an overview of our policies

here . All policies, the Mobile Device Terms and the User
Privacy Notice are incorporated into this User Agreement. 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 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/preordered items) or after 14 days from the moment of buyer receiving the purchase unless other option has been agreed. HOUSE OF BOTTA provides customer services related to all purchased 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:
post, list or upload content or items in inappropriate categories or areas on our sites; 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 pay for items purchased by you, unless you have a valid reason as set out in an HOUSE OF BOTTA policy the seller has materially changed the item's description after you purchased, a clear typographical error is made;

fail to deliver items sold by you, unless you have a valid reason as set out in an 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; post false, inaccurate, misleading, defamatory, or libellous content;
take any action that may undermine the Feedback or ratings 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.

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 this User Agreement. You can cancel this User Agreement at any time, providing 30 day notice in advance (from the moment notice given no trading will be permitted onwards). We may recoup the cost of any services provided up to 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.

Fees

We charge fees for provided services. We charge 10% from the sales made through our site www.houseofbotta.com, excluding delivery charges. 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 30 days in advance about changes that about to take place. You may close your account without penalty within 30 days of such notice being given.

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 for refund/exchange of the purchased goods unless it was nonreturnable product that included information about product being nonreturnable in its description. Otherwise customer has 14 calendar days, from day of receiving the order, to send the order back to the seller and request exchange or full refund. The cost for 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 in correct/ 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 , seller is obligated to transfer commission for the refunded order to the HOUSE OF BOTTA within 3 working days. If 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 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 its own account at the web page 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 copy of 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 changed by 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 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 this User Agreement, your improper use of HOUSE OF BOTTA's Services or your breach of any law or the rights of a third party.

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 this User Agreement 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 this User Agreement 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

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

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 this User Agreement at any time by email, or via other available contact or by posting the amended terms on www.houseofbotta.com. All amended terms shall automatically be effective 30 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.

This User Agreement may not be otherwise amended except through mutual agreement by you and an HOUSE OF BOTTA representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the HOUSE OF BOTTA site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

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 User Agreement, 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 of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. We shall send notices to you by email to the email address you provide to HOUSE OF BOTTA during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

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 confirms via emails that he/she accepts current terms and conditions and/or have signed these terms and conditions.

Early terminated with written consent of the Parties defining the property claims of the Parties, if any, as well as the settlement procedure.

The Seller hereby permits to use the Seller related information (the logo, brand, trademark and photo images) in the HOUSE OF BOTTA’s advertising materials 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 refereed 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 cancelation 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 decides to stop selling products, HOUSE OF BOTTA must be notified vie email info@houseofbotta.com , stating subject ACCOUNT CANCELATION. From the moment of receiving the cancelation letter HOUSE OF BOTTA takes down all products places by vendor and finalises all sales of this vendor. All financial debts and obligations like commission, payment for goods etc are to be sorted between HOUSE OF BOTTA and vendor in time frame of 30 calendar days from the moment of the account cancelation.

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 your 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. HOUSE OF BOTTA may change current terms and conditions. If or when terms and conditions to have changes HOUSE OF BOTTA must notify all parties and service users about changes and introduce new terms and conditions for all parties involved. All parties to be notified 30 days before new terms and conditions commission.

Last update 3st of April 2017 


Buyers Terms and Conditions

General Information

HOUSE OF BOTTA is online trading platform for promoting new designers and brands in fashion industry from all over the world which includes trading option for those who choose to trade following terms and conditions of HOUSE OF BOTTA. Its 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, site, we - service provider platform www.houseofbotta.com,

Seller - service user who places goods or other content on the site for commercial or other benefit

Buyer - anyone who purchases any goods on the platform www.houseofbotta.com

Content - information of any type and nature supplied by seller to be published on the website www.houseofbotta.com

Products - means any products offered for sale on the website www.houseofbotta.com

Submission - means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.

Services - means any information and services ordered and/or provided by HOUSE OF BOTTA through or via the Site including, without limitation, all services offered as part of the Repeat Purchase functionality.

For the avoidance of doubt, any electronic information supplied to you by HOUSE OF BOTTA will constitute part of the "Service" not a Product and cancellation rights will apply accordingly;

These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.

HOUSE OF BOTTA’s services, which are available on the Site help you find and browse information related to fashion and style, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the "Services"). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by HOUSE OF BOTTA. HOUSE OF BOTTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. HOUSE OF BOTTA will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve HOUSE OF BOTTA from any and all liability arising from your use of any third-party website.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a HOUSE OF BOTTA member or to use the Site and Services.

Important liability statement

The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by HOUSE OF BOTTA’s experts), is intended as information only and does not constitute advice or medical advice. Products are for personal use only. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.

Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability

on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.

Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.

All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights

Use of this Site generally

You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.

The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by HOUSE OF BOTTA or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.

Should you make a Submission to us, you agree to grant us an
exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that HOUSE OF BOTTA deems it necessary or desirable to do so for whatever reason.

You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that HOUSE OF BOTTA may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.

You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.

You acknowledge that you will not be able to edit or delete any Submission after submission.

Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at info@houseofbotta.com. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.

You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of HOUSE OF BOTTA or any third party.

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 your 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.

Your personal information

Use of your personal information is governed by HOUSE OF BOTTA’s Privacy Policy, which forms part of these terms and conditions. In the event that HOUSE OF BOTTA undergoes reorganisation or is sold to a third party, you agree that any personal information HOUSE OF BOTTA holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Liability

You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, HOUSE OF BOTTA does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.

The Site includes links to external sites and co-branded pages. HOUSE OF BOTTA has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. HOUSE OF BOTTA does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

Subject to the important liability statement, HOUSE OF BOTTA is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

The Site or documents sent with a Product, or the packaging or
labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed. HOUSE OF BOTTA does not seek to exclude or limit liability for:

(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

and all exclusions or limitations of the liability of HOUSE OF BOTTA which are set out in these terms and conditions shall at all times be subject to the provisions of this clause.

Password

As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

In the event of any failure or error in the operation of a
password, you shall cease using the password, exit the Site immediately, and notify HOUSE OF BOTTA of such failure or error.

HOUSE OF BOTTA reserves the right to change your password and user name at any time in its sole discretion and you agree to notify HOUSE OF BOTTA promptly of any changes to your registration details.

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.

Eligibility to purchase Products

HOUSE OF BOTTA does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.

In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/ debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. HOUSE OF BOTTA is not responsible in the event that your payment card provider refuses to authorise payments.

Ordering Products

IMPORTANT: When you order a Repeat Purchase, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis every 30, 60 or 90 days (depending on which frequency you have chosen) from the date of your first order, and that we may debit the credit or debit card or charge the PayPal account you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products. We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these Repeat Purchase orders you will continue to be sent the same Products and your credit or debit card or PayPal account will be charged the price and relevant sales tax and postal charges every 30, 60 or 90 days (depending on which frequency you have chosen). Once you have purchased your first Products, the price for such Products will change if:

(a) you change your address and the applicable sales tax or postage changes accordingly; or

(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.

Contract Formation

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to HOUSE OF BOTTA to buy a Product via the Site (and HOUSE OF BOTTA reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.

Pricing, availability and dispatch information of Products

Information displayed on the Site as to pricing and availability is subject to change by HOUSE OF BOTTA. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 14 business days for delivery.

In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause below).

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept may be delivered from various countries and follow duty legislation of the country of dispatch.

Cancellation rights for dispatched Products

If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:

(a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any item which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or

(b) where the Product(s) have been customised to your chosen specifications.

Your legal right to cancel a contract starts from the date of the Dispatch Confirmation, which is when the contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.

The end date for contract cancellation is the end of 14 days after the day on which you receive the product. Your contract is for either of the following:
(a) one product which is delivered in instalments on separate days.
(b) multiple products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.

Your contract is for the regular delivery of a product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the products.
To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form and email this to us at info@houseofbotta.com. If you use this method we will e-mail you to confirm we have received your cancellation. The Product(s)covered by the cancellation must then be returned to us to the address specified in the email sent to you by customer service via info@houseofbotta.com

When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit. Cost for postage covered by buyer unless seller provided paid postage with the order.

If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.

If you cancel your contract we will:
(a) refund you the price you paid for the products. However, please note:

(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and
(ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.

Please note that it can take up to 28 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.

(d) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.

If a product has been delivered to you before you decide to cancel your contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site;

(b) subject to clause (c) below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged

you for delivery. If we have offered to collect the product from
you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery);

(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

Warranties

HOUSE OF BOTTA warrants that the Services will be supplied with reasonable skill and care. HOUSE OF BOTTA does not provide any warranty for goods purchased on the website.

Statutory rights and refunds

We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.

These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.

HOUSE OF BOTTA may delay enforcing its rights under these terms and conditions without losing them.

You agree that HOUSE OF BOTTA may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to HOUSE OF BOTTA via email info@houseofbotta.com

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 this User Agreement 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 this User Agreement 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.

Competitions & Promotions

Promotions
Promotional offers are valid when used online at www.houseofbotta.com and will allow money off or free delivery when you order from HOUSE OF BOTTA. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions cannot be used in conjunction with other offers. Offers may be limited to one use per customer.

Promotional codes exclude all sale items.

By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/ or the results and no correspondence or discussion shall be entered into.

To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.

These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.