1. Scope of Terms & Conditions

1. Scope of terms & conditions: These terms and conditions outline the contractual agreement between you and us for the supply of products.
2. Importance of reading these terms and conditions: We encourage you to carefully read these terms and conditions before submitting your order. They provide important information on our identity, how we will supply the products to you, the process for changing or terminating the contract, how to handle any issues that may arise, and other essential details. If you find any errors or discrepancies, please notify us.
3. Distinction between business and consumer customers: Depending on whether you are a business or a consumer, you may have different rights under these terms and conditions. A "consumer" refers to an individual who is purchasing products for personal use and not for use in connection with their trade, business, craft, or profession. We have clearly specified provisions that apply to consumers or businesses only.
4. Entire agreement with business customers: For business customers, these terms and conditions serve as the entire agreement between us concerning your purchase. By agreeing to these terms, you acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not expressly stated in these terms. As a result, you waive any claims for innocent or negligent misrepresentation or negligent misstatement based on any statement not contained in this agreement.

2. Information About Us and Our Contact Information

1. Our identity: We are Bott Ltd (trading as bott Smartvan), a registered company in England and Wales (company no. 01325869).
   Registered office:
   Bude-Stratton Business Park,
   Bude, Cornwall, EX23 8LY
   VAT Number: GB 313 203 421
2. How to contact us:
   • Phone: 01288 355 666
   • Email: bottsmartvan@bottltd.co.uk
   • Post:
     bott Smartvan,
     Bude-Stratton Business Park,
     Bude, Cornwall, EX23 8LY
3. How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. Definition of "writing": In these terms and conditions, "writing" or "written" includes emails.

3. Our Contract With You

1. Acceptance of your order: We will accept your order and create a contract between you and us when we send you an email confirming the order.
2. Unable to accept your order: If we are unable to accept your order, we will notify you in writing and will not charge you for the product. Reasons for this may include the product being out of stock, unexpected resource limitations, errors in the product's price or description, or being unable to meet a specified delivery deadline.
3. Order number: We will provide you with an order number once your order is accepted. Please include this number when contacting us about your order.
4. Location of sales: Please refer to clause 7.2 for information on where we deliver our products.

4. Our Products

1. Approximate Information: Guides, drawings, illustrations, descriptive matter, articles, or other advertising produced by bott are for the sole purpose of providing an approximate idea of the referred products. They do not form a part of the contract between us and hold no contractual force.
2. Variation in Product Images: The product images displayed on our website are for illustrative purposes only. Although we have made every effort to accurately display the colours, we cannot guarantee that a device's display will accurately reflect the product's colour. Your product may vary slightly from the images provided.
3. Approximate Weights and Sizes: The measurements and weights in our product descriptions are approximate and are only intended to provide an approximate idea of the relevant product.
4. Varied Product Packaging: The packaging of the product may differ from the images displayed on our website.

5. Your Rights to Make Changes

If you would like to make changes to the product you have ordered, please contact us. We will review your request and inform you if the change is possible. If it is possible, we will provide you with details of any changes to the product's price, delivery schedule, or any other necessary changes resulting from your requested modification. We will then ask for your confirmation to proceed with the change.

6. Our Rights to Make Changes

1. Minor changes to the product:
   • Complying with relevant laws and regulatory requirements.
   • Making minor technical adjustments and improvements that do not impact your use of the product.
2. More significant changes to the product and terms:

   We may also make more substantial changes to the product but we will notify you in advance. If you do not agree with the changes, you may contact us to terminate the contract before the changes take effect. You will receive a refund for any products paid for but not yet received.

7. Providing the Products

1. Delivery costs: The delivery costs will be clearly displayed on our website for your reference.
2. Delivery locations: We will deliver the products to the delivery address that you have specified during the order placement process, or any other address that we may agree upon in writing with you.
   Our typical areas for delivery are as stated below:
   • United Kingdom
   • Northern Ireland
   • Channel Islands
   • Isle of Man
   • Isle of Wight
   Please note that non-mainland UK deliveries may incur extra costs within the shipping fee.
3. Delivery timeframes: We will provide you with the estimated delivery date during the order process. Please note that any delivery dates quoted are approximate, and we will use all reasonable efforts to deliver the products to you as soon as possible; in any event within 30 days after the day we accept your order.
4. Consignment delivery: We do not deliver products in instalments unless we have communicated this in writing with you. We will attempt to deliver all products in a single consignment. If some of the products are not available for immediate dispatch, we will hold your consignment until all products ordered are available. If the delay is expected to be more than 5 working days, we will contact you to arrange delivery by instalments or to provide an anticipated dispatch date for the full order.
5. Delays outside our control: In the event that our supply of products is delayed due to an event beyond our control, we will notify you as soon as possible and take steps to minimise the effect of the delay. In such instances, we will not be liable for any delays caused by the event. However, if there is a significant risk of delay, you may contact us to terminate the contract and receive a refund for any products you have paid for but not received. Please note that if you have opted to pay for expedited delivery of products and your delivery is delayed due to reasons within our control, our liability will be limited to a refund of the additional charge paid for expedited delivery.
6. If you are unavailable for delivery: In the event that you are not present at the delivery address when the product arrives and the product cannot fit through your letterbox, our couriers will leave a note with instructions on how to reschedule delivery or collect the item from a nearby depot.
7. Failure to reschedule delivery: If delivery is not rescheduled or the item is not collected from the depot within the specified timeframe, the product will be returned to us. We will contact you to discuss further instructions and may charge for any storage or additional delivery costs incurred. If we are unable to contact you or arrange delivery/collection despite reasonable attempts, we may terminate the contract (as per clause 10.2).
8. Transfer of responsibility: The responsibility for the goods transfers to you upon the delivery of the product to the address you provided.
9. Ownership of goods: You will own the product once we receive payment in full.
10. Consequences of not providing required information: In order to supply the products to you, we require certain information such as your billing and delivery details. If you fail to provide this information at the time of ordering, we will contact you in writing to request it. If you do not provide the necessary information within a reasonable time or if you provide incomplete or incorrect information, we may either terminate the contract (as per clause 10.2) or charge a reasonable amount to cover any extra work required. If you fail to provide the information we need within a reasonable time, we will not be liable for any delays in supplying the products or for failure to supply any part of them.
11. Reasons for product supply delay or suspension:
    • Technical problems or minor technical changes
    • Changes made to the product to comply with changes in relevant laws and regulations
    • Changes requested by you or notified by us to you (as per clause 6).
12. Your rights in the event of product supply delay: If we anticipate a delay in supplying the product, we will notify you in advance unless the issue is urgent or an emergency. If we delay the supply of the product, or inform you of an impending delay, you have the right to terminate the contract for that product. We will refund any sums you have paid in advance for the product.

8. Your Rights to End the Contract

1. Ending the contract: You have the right to end your contract with us. Your rights will depend on what you have purchased, whether there is a fault with the product, our performance, the timing of your decision to end the contract, and whether you are a consumer or business customer.
   • Faulty or misdescribed products: If the product is faulty or misdescribed, you may have a legal right to end the contract, get a product repair or replacement as per clause 12 (if you are a consumer) or clause 13 (if you are a business).
   • Ending the contract due to our actions: If you wish to end the contract due to something we have done or communicated, refer to clause 8.2.
   • Consumer's right to change their mind: If you are a consumer and change your mind about the product, refer to clause 8.3. You may be eligible for a refund within the cooling-off period, subject to deductions and return costs for any goods.
   • All other cases: If we are not at fault, and you are not a consumer exercising your right to change your mind, refer to clause 8.6.
2. Ending the Contract due to Something We Have Done or are Going to Do:

   If you need to end the contract due to one of the following reasons (a) to (e), the contract will end immediately. We will provide you with a full refund for any products not yet delivered, and you may also be entitled to compensation. The reasons are:

   1. We have notified you about a forthcoming change to the product or these terms which you do not agree with (refer to clause 6.2).
   2. We have notified you about an error in the price or description of the product you ordered, and you no longer wish to proceed.
   3. There is a risk that the supply of products may be significantly delayed due to events beyond our control.
   4. We have delayed the supply of products for technical reasons, or have notified you that we are going to delay them for technical reasons.
   5. You have the legal right to terminate the contract due to our wrongdoing.
3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013): If you are a consumer, you have the legal right to change your mind within 14 days of receiving most products purchased online and receive a refund.
4. Exceptions to Your Right to Change Your Mind:
   • Any product from the modulo3 product range as these products are made to order to your specification.
   • Any other bespoke products made to a specification supplied by you.
   • Any products that become mixed inseparably with other items after their delivery.
5. Time limit to change your mind: Consumers have 28 days from the day they or someone they nominate receives the goods, unless their goods are delivered in multiple shipments over several days. In this case, they have until 28 days after the day they or someone they nominate receives the last delivery.
6. Ending the contract where we are not at fault and there is no right to change your mind: If we are not at fault, and you are not a consumer who has the right to change their mind (see clause 8.1), you can still end the contract before completion. However, you may have to compensate us.

9. How to Terminate the Contract with Us (Including if You Are a Consumer Who Has Changed Their Mind)

1. Notification of contract termination: To terminate the contract with us, please notify us by doing one of the following:
   • Phone or e-mail: Contact our customer services team on 01288 355 666 or email us at bottsmartvan@bottltd.co.uk. Please provide your name, home address, details of the order, and, where available, your phone number and email address.
   • Postal notification:
     bott Smartvan,
     Bude Stratton Business Park, Bude,
     Cornwall, EX23 8LY
     Please include details of the purchased product(s), order or delivery dates, and your name and address.
2. Product returns after contract termination: If you terminate the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us at:
   bott Smartvan,
   Bude Stratton Business Park,
   Bude, Cornwall, EX23 8LY
   If you are a consumer exercising your right to change your mind, you must send the goods back to us within 28 days of receiving the products, at your cost. Products must be in original, unused condition and securely packed in original packaging with delivery note. Used or damaged products may reduce your refund.
3. Cost of return shipping:
   • We will pay the cost of return shipping if the products are faulty or misdescribed; or if you are terminating the contract because of changes/errors/delays or a legal right.
   • In all other circumstances (including change of mind), you must pay return shipping.
4. Refund process: If you are entitled to a refund under these terms, we will refund the price you paid (including delivery), using the same payment method, minus any applicable deductions.
5. Deductions from Refunds for Consumers Exercising the Right to Change Their Mind:
   • We may reduce your refund to reflect any reduction in goods’ value by improper handling. If we refund before inspection and later discover improper handling, you must pay us the difference.
   • Maximum delivery cost refund is for standard delivery (if you chose a more expensive option).
6. Refund Timeline: Refunds are made as soon as possible. If you are a consumer changing your mind, your refund is made within 14 days from the day we receive returned goods or proof of return, whichever comes first.

10. Our Rights to End the Contract

1. We may end the contract if you breach it: We reserve the right to terminate the contract for a product at any time by giving you written notice if you fail to provide required information or prevent delivery. We will refund any money paid for products not provided, minus reasonable compensation for costs resulting from your breach.

11. If there is a problem with the product

If you have any questions or complaints about the product, please contact us. You can reach our customer service team by telephone on 01288 355 666, by emailing bottsmartvan@bottltd.co.uk, or by post at:

12. Your rights as a consumer for defective products

1. Our legal duty to you as a consumer: We are legally obligated to provide you with products that meet the standards set out in this contract. Your legal rights are outlined below. Visit Citizens Advice or call 03454 04 05 06 for more info.
   • Up to 30 days: if the product is faulty, you can get an immediate refund.
   • Up to six months: if the product cannot be repaired or replaced, you are entitled to a full refund in most cases.
   • Up to six years: if the product does not last a reasonable length of time, you may be entitled to some money back.
   Refer to clause 8.3 for more information.
2. Returning rejected products: To exercise your legal rights, return rejected products to us and we will cover postage costs.
3. Warranty for bott products: 3-year warranty from delivery. Contact bottsmartvan@bottltd.co.uk to claim, providing details and photographic evidence.
4. Warranty for third-party products: Some products have manufacturer warranty. Contact us for claims; we’ll manage with the manufacturer.
5. Exclusions from warranty:
   • You continue to use the product after reporting on defect;
   • You failed to follow instructions on storage, installation, commissioning, use, or maintenance, or good trade practice;
   • You alter or repair the product;
   • Defect is due to fair wear.
6. Non-transferable warranty: Warranty is not transferable.

13. Your rights in respect of defective products as a business customer

1. Our Guarantee: Bott-manufactured products conform in all material respects for 3 years from delivery.
2. How to claim: Notify us promptly, let us examine, and return the product. We will repair, replace, or refund.
3. Exclusions:
   • You continue to use after reporting;
   • Failure to follow instructions or good trade practice;
   • You alter or repair the product without our written consent;
   • Fair wear/tear, wilful damage, negligence, abnormal conditions.
4. No warranty for third-party products except manufacturer warranty if specified.
5. Other liability is limited as described.

14. Price & Payment

1. Where to find the price for the product: Price (inc. VAT) is shown on order pages when ordering, in Pounds Sterling.
2. Changes in VAT: VAT rate changes are reflected unless you have already paid in full.
3. If the price is wrong: We charge the lower of stated or correct price. If correct price is higher, we’ll contact you before accepting.
4. When/how to pay: We accept Visa and Mastercard online unless using third party finance.
5. Right of set-off if you are a business: You must pay in full, no set-off, unless legally required.
6. Late payment interest charges: 4% per annum above Bank of England base rate, accruing daily.
7. Special and promotional offers: Subject to availability, one per product. Website-specific unless otherwise stated.
8. Offers and voucher codes: Only one applies per order—the greatest saving will be applied.

15. Our liability to you as a consumer for loss or damage

1. We are responsible for foreseeable loss or damage caused by us, including breach of legal rights or product safety laws.
2. We will not be liable for loss or damage not foreseeable or for business-use losses for consumer customers.

16. Our liability to you as a business for loss or damage

1. Liability cannot be limited/excluded for:
   • Death/personal injury by our negligence
   • Fraud/misrepresentation
   • Breach of Sale of Goods Act 1979 or Supply of Goods and Services Act 1982
   • Defective products under Consumer Protection Act 1987
   • Any matter where exclusion is unlawful
2. Other terms implied by law excluded except as stated. No liability for loss of profit or indirect/consequential losses. Overall liability limited to the greater of £5,000 and 150% of sums paid.

17. How We May Use Your Personal Information

We are committed to protecting your privacy and will only use your personal information in accordance with our privacy policy.

18. Other Important Terms

1. We may transfer our rights and obligations, with notification. You may cancel if you disagree.
2. You may not transfer your rights or obligations without our prior written consent.
3. This contract is between you and us. No third party has enforcement rights (except guarantee transferees).
4. If a court finds part of this contract unlawful, the rest continues.
5. Delay in enforcement does not prevent future enforcement.
6. Jurisdiction: Consumers—English law (plus Scottish/Northern Irish rights). Businesses—English law/courts only.

Schedule for online competitions: Standard terms and conditions

1. Promoter: Bott Ltd (trading as bott Smartvan), Bude-Stratton Business Park, Bude, Cornwall EX23 8LY.
2. Open to UK residents aged 18+, except employees/families/agents/administrators.
3. Proof of identity and age may be requested.
4. Entries via specified method only. Incomplete/illegible/inaudible entries are invalid.
5. No responsibility for failed/lost entries due to technical/postal fault.
6. Winner chosen by random draw, as specified.
7. Winner notified via message/email/phone and must respond within 2 days with postal address.
8. Prize sent within 10 days of receiving winner’s info.
9. Prize is non-exchangeable, non-transferable, no cash alternative.
10. Promoter may substitute prize for one of equal/higher value if necessary.
11. Winners are responsible for expenses not included in prize.
12. Promoter’s decision is final; no correspondence will be entered into.
13. Promoter must publish winner details; can be limited by objection, but must be shared with ASA if required.
14. Entry implies acceptance of terms. Breach disqualifies entrant/prize.
15. Promoter may cancel or alter competition at any time, with no liability for damages/costs.
16. Promoter and affiliates not liable for loss/injury/death except through negligence.
17. Personal data processed as per privacy policy; see condition 11 for winner details publication.
18. Competition governed by English law; entrants submit to English court jurisdiction.