THIS DOCUMENT SETS OUT THE TERMS ON WHICH BOTICCA.COM LIMITED ('BOTICCA') PROVIDES YOU WITH ACCESS TO WWW.BOTICCA.COM ('WEBSITE'). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED 'I ACCEPT' OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE AND/OR PLACE YOUR ORDER FOR ANY OF THE PRODUCTS MADE AVAILABLE FOR PURCHASE ('PRODUCTS') USING THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
1. INFORMATION ABOUT BOTICCA.COM LIMITED AND THE WEBSITE
1.1 The Website is owned and managed by Boticca.com Limited, a company registered in England and Wales with the company registration number 06843105 and having its registered address at Second Floor, Cardiff House, Tilling Road, London NW2 1LJ.
1.2 Boticca provides you with the facility to view, browse and make purchase of the Products from the sellers ('Sellers') using the Website. You understand and agree that the Products are not supplied by Boticca nor does Boticca participate in any part of the sale and purchase transaction between you and the Sellers. Boticca acts as a venue to allow users who comply with Boticca's policies to offer, sell, and buy the Products within a fixed price format. Boticca is not directly involved in the transaction between you and Sellers. Consequently, you further acknowledge and agree that any contracts for the purchase of the Product shall be strictly between you and the Seller of that Product.
1.3 Boticca shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4 Boticca reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.
1.5 Boticca may be contacted by email at email@example.com or by writing to the User Support Department at the address set out in clause 1.1.
2. PRELIMINARY INFORMATION
2.1 In order to use to the Website, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
2.2 In order to make purchases of the Products, contact the Sellers or use and/or have access to all functionalities of the Website, you shall be required to register as a Registered User with Boticca by completing the online registration form made available to you using the Website and in accordance with the provisions set out in clause 3.
2.3 In the event you choose not to register as a Registered User, you may continue to browse and use certain functionalities of the Website as an Unregistered User. However, you will not be able purchase the Products, contact the Sellers or have access to all available functionalities on the Website.
3. REGISTRATION AS A REGISTERED USER
3.1 By completing the online registration form to register as a Registered User, you consent to Boticca conducting verification and security procedures in respect of the information provided in such online registration form.
3.2 You hereby warrant that the information provided to Boticca is true, accurate and correct. You further warrant that you shall promptly notify Boticca in the event of any changes to such information.
3.3 Upon the completion and submission of the online registration form by you to Boticca, Boticca shall send you a confirmation email to your email address provided in the online registration form. Boticca may also provide you with details of your login and password ('Login Details'). You shall keep the Login Details confidential and secure. Without prejudice to the other rights and remedies of Boticca, Boticca reserves the right to promptly disable your Login Details and suspend your access to the Website or your ability to browse the Website and/or use any of the features and functionalities of the Website if Boticca has any reason to believe that you have breached any of the provisions set out herein.
3.4 Subject to the provisions herein and upon your registration with Boticca as a Registered User, you may access all functionalities available on the Website, including without limitation, browsing the Website and the Products advertised, contacting the Sellers and purchasing the Products.
4. FORMATION OF CONTRACT
4.1 The date of commencement of your Contract with Boticca shall be determined as follows:
4.1.1 where you are a Registered User, then upon the registration of your details with Boticca pursuant to clause 3.1; or
4.1.2 where you are a Unregistered User, then upon your first use of the Website, and
such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to:
4.2.1 accept or reject your application to become a Registered User; and/or
4.2.2 refuse you access to the Website (partly or wholly) whether you are a Registered User or Unregistered User.
5. TERM AND TERMINATION
5.1 Unless otherwise expressly set out to the contrary herein, Boticca's Contract with you shall remain in force:
5.1.1 where you are a Registered User, for the duration of your registration with us; or
5.1.2 where you are an Unregistered User, for the duration in which you access the Website, having use of certain features and functionalities therein as an Unregistered User.
5.2 Boticca may suspend or terminate your access, as a Registered User or an Unregistered User to the features and functionalities of the Website in the event that:
5.2.1 third party services and network providers cease to make the third party service or network available to Boticca;
5.2.2 Boticca believes that you or someone using your Login Details has failed to comply with one or more of these Terms;
5.2.3 Boticca believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part);
5.2.4 Boticca believes that you have provided it with any false, inaccurate or misleading information; or
5.2.5 Boticca believes that you are in the business of re-selling, promoting the Products or any aspect of the Website for resale or if you are otherwise engaged in all other similar activities.
5.3 Upon termination of your Contract with Boticca, your access to the features and functionalities of the Website (in whole or in part) shall cease.
6. YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
6.2 If you are a Registered User, you shall promptly notify Boticca in the event there is a breach of security or any unauthorised use of your Login Details.
6.3 You agree that as a Registered User with access to make submissions on the Website, you shall not submit to appear on the Website, any review, comment, link or other material whatsoever ('User Submissions') that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
6.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.3.2 harass or advocate harassment of another person;
6.3.3 display pornographic or sexually explicit material;
6.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.3.5 promote any illegal activities;
6.3.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
6.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
6.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Boticca; or
6.3.9 infringe any rights of any third party.
6.4 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Boticca may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Boticca a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
6.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
6.6 You hereby grant to Boticca a non-exclusive, irrevocable licence to make your User Submissions available to the Seller and other users of the Website and to edit your User Submissions in the event that Boticca deems it necessary or desirable to do so for any reason.
6.7 If you feel that any User Submission made by the Sellers and/or other users is objectionable, you are encouraged to contact Boticca using the contact details set out in clause 1 or as set out on the Website. Boticca shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
6.8 You further agree that at all times, you shall:
6.8.1 not use your Login Details with the intent of impersonating another person;
6.8.2 not allow any other person to use your Login Details;
6.8.3 not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
6.8.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
6.8.5 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
6.8.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
6.8.7 comply with all instructions and policies from Boticca from time to time in respect of the Website;
6.8.8 co-operate with any reasonable security or other checks or requests for information made by Boticca from time to time; and
6.8.9 use the information made available to you on the Website at your own risk.
6.9 In the event that Boticca, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 6, Boticca shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you are a Registered or Unregistered User); and in the case of illegal use, the instigation of legal proceedings as appropriate.
6.10 Without prejudice to any of Boticca's other rights and remedies, Boticca reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.
7. YOUR CONTRACT WITH THE SELLER
7.1 If you are a Registered User and wish to purchase the Product advertised on the Website, you may contact the Seller and finalise the purchase of the Product using the features and functionalities available to you on the Website.
7.2 You acknowledge and agree that Boticca only provides you with the facility to browse the content of the Website, make User Submissions and to purchase the Products from the Seller using the Website. Consequently, you understand that Boticca is not a participant in any way, in the sale and purchase process between you and the Seller.
7.3 You further acknowledge and agree that your purchase of the Product shall be governed by a contract between you and the Seller and Boticca shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the Seller for the purchase of the Product.
7.4 If you are unsure about the terms of the contract between you and the Seller for the purchase of the Product, Boticca recommends that you seek legal advice prior to your purchase and/or use of the Product.
8. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website and the Product, are hereby expressly excluded to the fullest extent permissible by law.
8.2 All information made available to or accessible by you whether as a Registered User or Unregistered User using the Website or in respect of the Product including any User Submission or editorial materials provided by Boticca or any third party are provided 'As Is' without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
8.3 You acknowledge that Boticca shall have no control over the quality, price, condition or legality of the Products offered including without limitation any of the information provided by the Sellers in respect of the transaction for the sale and purchase of the Product. Boticca does not vet, review, screen or verify any such information made available on the Website by the Sellers. Accordingly, Boticca shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with the Seller.
8.4 Nothing in these Terms shall limit or exclude Boticca's liability in respect of:
8.4.1 death or personal injury resulting from negligence; or
8.4.2 any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Boticca.
8.5 Subject to clause 8.4, Boticca shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and the contents therein.
8.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Boticca and Boticca accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
8.7 Unless otherwise expressly set out to the contrary in these Terms, Boticca's liability to you in connection with your use of the Website and the contents therein shall be strictly limited to £100.
8.8 In the event you have a dispute with one or more of the Sellers, you hereby release Boticca from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Boticca and its licensors own all rights in the intellectual property rights relating to the Website.
9.2 You are expressly prohibited from:
9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Website; and
9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Boticca and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Boticca or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Boticca.
9.3 For any queries in respect of the intellectual property rights relating to the Website and the Products, please consult our Intellectual Property Policy by clicking here.
11.1 If Boticca fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by Boticca of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by Boticca of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.4 All notification and communication to Boticca should be sent to the contact details set out in clause 1of these Terms or made available to you on the Website.
11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.6 These Terms represent the entire agreement between you and Boticca in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
11.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ('Local Law'). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
12. DELIVERY POLICY
13. CANCELLATION AND REFUND POLICY
14. RETURN AND REFUNDS POLICY
15. CONTACT DETAILS
Attn: User Support Department
Second Floor, Cardiff House
London NW2 1LJ
Tel: +44 (0) 208 133 6501
Fax: +44 (0) 207 979 0053
As Boticca is an online marketplace connecting buyers with sellers, we are not involved with the shipment of goods purchased on our website. Each seller has his or her own shipping method and timeframe for delivery, clearly visible when adding the item to your Shopping Bag or on the seller's store policies in their profile. Before adding an item, please check that you are in agreement with their policy. We do however encourage and remind sellers to ship items within 3 business days.
Each seller on Boticca's marketplace has his or her own policy as to refunds. Please be sure to check those policies by looking at the store policy section in each seller's profile before adding one of their items to your Shopping Bag. If you wish to cancel a transaction, please contact the seller within 2 business days of placing the order via our built-in messaging system and if the seller agrees, we will be happy to issue the refund within 2 business days.
Each seller on Boticca's marketplace has his or her own policy as to returns. Please be sure to check those policies by looking at the store policy section in each seller's profile before adding one of their items to your Shopping Bag. If you wish to return a good, please contact the seller within 5 business days of receiving the good via our built-in messaging system and if the seller agrees to issue a refund, we will be happy to process it within 2 business days.