1.1| Scope of terms & conditions
These terms and conditions outline the contractual agreement between you and us for the supply of products.
1.2| 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.
1.3| 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.
1.4| 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.
2.1| Our identity
We are Bott Ltd (trading as bott Smartvan), a registered company in England and Wales with company registration number 01325869. Our registered office is located at:
Our registered VAT number is GB 313 203 421.
2.2| How to contact us
You can get in touch with us by calling 01288 355 666, emailing bottsmartvan@bottltd.co.uk, or by writing to us at:
2.3| 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
2.4| Definition of "writing"
In these terms and conditions, "writing" or "written" includes emails.
3.1| 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.
3.2| 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.
3.3| 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.
3.4| Location of sales
Please refer to clause 7.2 for information on where we deliver our products.
4.1| 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.
4.2| 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.
4.3| 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.
4.4| Varied Product Packaging.
The packaging of the product may differ from the images displayed on our website.
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.
6.1| Minor changes to the product.
We may make minor changes to the product for the following reasons:
6.1.1 - Complying with relevant laws and regulatory requirements.
6.1.2 - Making minor technical adjustments and improvements that do not impact your use of the product.
6.2| 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.
7.1| Delivery costs
The delivery costs will be clearly displayed on our website for your reference.
7.2| 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:
Please note that non-mainland UK deliveries may incur extra costs within the shipping fee.
7.3| 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.
7.4| 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.
7.5| 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.
7.6| 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.
7.7| 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).
7.8 | Transfer of responsibility
The responsibility for the goods transfers to you upon the delivery of the product to the address you provided.
7.9| Ownership of goods
You will own the product once we receive payment in full.
7.10 | 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.
7.11| Reasons for product supply delay or suspension
We may need to delay the supply of a product in the following circumstances:
7.11.1 - Technical problems or minor technical changes;
7.11.2 - Changes made to the product to comply with changes in relevant laws and regulations;
7.11.3 - Changes requested by you or notified by us to you (as per clause 6).
7.12| 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.
8.1| 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.
8.1.1- 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).
8.1.2 - 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.
8.1.3 - 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.
8.1.4 - 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.
Note: For the complete terms and conditions, please refer to the relevant clauses mentioned above.
8.2| 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:
8.2.1 - 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).
8.2.2 - We have notified you about an error in the price or description of the product you ordered, and you no longer wish to proceed.
8.2.3 - There is a risk that the supply of products may be significantly delayed due to events beyond our control.
8.2.4 - We have delayed the supply of products for technical reasons, or have notified you that we are going to delay them for technical reasons.
8.2.5 - You have the legal right to terminate the contract due to our wrongdoing.
8.3| 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. The Consumer Contracts Regulations 2013 explain these rights in more detail in these terms.
8.4| Exceptions to Your Right to Change Your Mind
Your rights to change your mind as a consumer does not apply to:
8.4.1 - Any product from the modulo3 product range as these products are made to order to your specification.
8.4.2 - Any other bespoke products made to a specification supplied by you.
8.4.3 - Any products that become mixed inseparably with other items after their delivery.
8.5| 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.
8.6| 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. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed, please contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided; we may deduct reasonable compensation for the net costs we will incur as a result of ending the contract.
9.1| Notification of contract termination
To terminate the contract with us, please notify us by doing one of the following:
9.1.1 - 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.
9.1.2 - Postal notification.
Write to us at:
Please include details of the purchased product(s), order or delivery dates, and your name and address.
9.2| 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:
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. You must ensure that any products returned to us are in their original and unused condition and securely packed in their original packaging, together with the delivery note received from us. If we receive used or damaged products, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop.
9.3|Cost of return shipping
We will pay the cost of return shipping:
9.3.1- If the products are faulty or misdescribed;
9.3.2 - If you are terminating the contract because we have notified you of an upcoming change to the product or these terms, an error in pricing or description, a delivery delay due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind), you must pay the cost of return shipping.
9.4| Refund process
If you are entitled to a refund under these terms, we will refund you the price you paid for the products, including delivery costs, using the same method of payment used during the purchase. However, we may make deductions from the price, as described in 9.5.
9.5| Deductions from Refunds for Consumers Exercising the Right to Change Their Mind
If you are exercising your right to change your mind:
9.5.1 - We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 - The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-7 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.
9.6| Refund Timeline
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days from 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. For information about how to return a product to us, see clause 9.2.
10.1| 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:
10.1.1 - You fail to provide us with information that we reasonably require to provide the products within a reasonable time of us requesting it; or
10.1.2 - You prevent us from delivering the products to you within a reasonable time.
10.2| Compensation for breach of contract.
If we end the contract under clause 10.1, we will refund any money you have paid in advance for products we have not provided. However, we reserve the right to charge you reasonable compensation for the net costs we will incur as a result of your breach of the contract.
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:
12.1| Our legal duty to you as a consumer
As a consumer, we are legally obligated to provide you with products that meet the standards set out in this contract. Your legal rights regarding the products are outlined below, and these rights are not affected by anything stated in these terms.
Summary of your key legal rights
These are your key legal rights as a consumer. Some exceptions apply, and you can obtain detailed information on these rights by visiting the Citizens Advice website at www.adviceguide.org.uk or by calling 03454 04 05 06.
Under the Consumer Rights Act 2015, products must be as described, fit for purpose, and of satisfactory quality. Within the expected lifespan of the product, your legal rights entitle you to:
Refer to clause 8.3 for more information.
12.2| Returning rejected products.
To exercise your legal rights and return rejected products, you must send them back to us, and we will cover the postage costs.
12.3| Warranty for bott products.
In addition to your legal rights, if you are a consumer customer, we warrant that bott products are free from material defects in design, material, and workmanship on delivery and for three years from the delivery date (warranty period). To make a warranty claim, please email bottsmartvan@bottltd.co.uk or write to us at:
Please provide details of the defect with photographic evidence. If your claim is successful, we will repair or replace the defective product or provide a full refund.
12.4| Warranty for third-party products
Some of the products sold by us, which are manufactured by a third party, come with the manufacturer's standard warranty in addition to your legal rights. The product description specifies this. To make a claim against the manufacturer's warranty, please email bottsmartvan@bottltd.co.uk or write to us at:
Please provide details of your claim with photographic evidence. We will then manage your warranty claim with the manufacturer. If your claim is successful, the manufacturer may repair or replace the defective product or provide a full refund at its discretion.
12.5| Exclusions from warranty
We, and third-party manufacturers, will not be liable for a product's failure to comply with the warranties in clauses 12.3 and 12.4 if:
12.5.1 - You continue to use the product after writing to us in accordance with clause 12.3 or clause 12.4.
12.5.2 - The defect arises because you failed to follow our or the manufacturer's oral or written instructions on storage, installation, commissioning, use, or maintenance of the product, or good trade practice.
12.5.3 - You alter or repair the product.
12.5.4 - The defect arises from fair wear.
12.6 Non-transferable warranty
The benefit of our product warranties at clause 12.3 and clause 12.4 is non-transferable. You cannot transfer the warranties to any other person (even if they acquire the product to which the warranty relates).
13.1| Our Guarantee
We guarantee that our products, as manufactured by bott, will conform in all material respects with their description and any relevant specification, and will be free from material defects in design, material and workmanship for a period of 3 years from the date of delivery (the "warranty period").
13.2| Failure of our warranty
If you are a business customer and discover that a product does not comply with the warranty set out in clause 13.1, you must:
13.2.1 - notify us in writing within a reasonable time of discovery;
13.2.2 - provide us with a reasonable opportunity to examine the product; and
13.2.3 - return the product to us at our cost.
Upon meeting these conditions, we will, at our option, either repair or replace the defective product, or refund the price of the defective product in full.
13.3| We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
13.3.1 - you continue to use the product after giving notice in accordance with clause 13.2.1;
13.3.2 - the defect arises from your failure to follow our instructions regarding the storage, installation, commissioning, use, or maintenance of the product or good trade practice;
13.3.3 - you alter or repair the product without our written consent; or
13.3.4 - the defect arises from fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4| These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
13.5| The warranty set out in clause 13.1 shall not be available in respect of any third-party products sold under these terms.
However, some third-party products sold by us come with the manufacturer's standard warranty, which is specified in the product description. To make a claim against the manufacturer's warranty, please contact us at bottsmartvan@bottltd.co.uk or write to us at:
Please provide details of your claim supported by photographic evidence. If your warranty claim is successful, the manufacturer may, at its option, repair or replace the defective product, or refund the price of the defective product in full. The manufacturer's warranty shall not be available to you if you carry out any of the acts or omissions set out in clause 13.3.
13.6| Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
14.1| Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. All prices are displayed in Pounds Sterling. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2| We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3| What happens if the price is wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.4| When you must pay and how you must pay
We accept payment with Visa and Mastercard. Unless you opt to obtain third party finance in respect of your order pursuant to clause 14.5, you must pay for the products via our website at the time you place your order.
14.6| Our right of set-off if you are a business customer
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7| Late payment interest charges
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.8| Special and promotional offers
We reserve the right to exclude from our website any special or promotional offer advertised where such offer is as available by other means. Such offers will only be available on our website where expressly stated in the offer that the offer can be redeemed on our website. All special and promotional offers are subject to availability and whilst stocks last and are subject to the terms and conditions attached to them. The terms detailed in Schedule 1 set out those terms and conditions which apply to competitions run by bott.
14.9| Offers and voucher codes
Offers and promotional codes cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied at checkout.
15.1| We are responsible for any foreseeable loss or damage caused by us, and we will be liable for any loss or damage that you suffer as a result of our failure to comply with these terms or our failure to use reasonable care and skill; but we will not be liable for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if you discussed it with us during the sales process.
15.2| Our liability to you cannot be excluded or limited in any way where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in clause 12.1; and for defective products under the Consumer Protection Act 1987.
15.3| We are not liable for business losses
If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 16.
16.1| Our liability to you as a business cannot be limited or excluded for:
16.1.1 - Death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable).
16.1.2 - Fraud or fraudulent misrepresentation.
16.1.3 - Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
16.1.4 Defective products under the Consumer Protection Act 1987.
16.1.5 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2| Except to the extent expressly stated in clause 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3| Subject to clause 16.1:
16.3.1 - We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
16.3.2 - Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £5,000 and one hundred and fifty per cent (150%) of the total sums paid by you for products under such contract.
We are committed to protecting your privacy and will only use your personal information in accordance with our privacy policy.
18.1| Transfer of Agreement
We may transfer our rights and obligations under these terms to another organization; but we will notify you before doing so. If you do not agree with the transfer, you have the right to end the contract within 14 days of our notification, and we will refund any advance payments for products that have not been provided.
18.2| Transfer of Rights
You may not transfer your rights or obligations under these terms to another person without our prior written consent.
18.3| Third-Party Rights
This contract is between you and us and no other person has any rights to enforce its terms, except for someone to whom you have transferred your guarantee.
18.4| If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5| Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6| Consumer Jurisdiction
If you are a consumer, these terms are governed by English law and any legal proceedings related to the products may be brought in the English courts. If you live in Scotland, you may also bring legal proceedings in Scottish courts. If you live in Northern Ireland, you may also bring legal proceedings in Northern Irish courts.
18.7| Business Jurisdiction
If you are a business, any dispute arising out of or related to these terms shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute.
Schedule for online competitions: Standard terms and conditions