bott Smartvan Terms and Conditions

Our terms

1 THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• you are an individual; and
• you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Where provisions are specific to consumers only or businesses only we have made specified this in the terms.

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Bott Ltd (trading as bott Smartvan) a company registered in England and Wales. Our company registration number is 01325869 and our registered office is at Bude-Stratton Business Park, Bude, Cornwall EX23 8LY. Our registered VAT number is GB 313 203 421.

2.2 How to contact us. You can contact us at 01288 355 666 or by writing to us at bottsmartvan@bottltd.co.uk or bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY.

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 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3 OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK. Please see clause 7.1 which sets out where we will deliver products to.

4 OUR PRODUCTS

4.1 Buying guides and sales guidance are approximate only. Any guides, drawings, illustrations, descriptive matter, articles or other advertising produced by bott are produced for the sole purpose of giving an approximate idea of the products referred to in them. They shall not form part of the contract between us and shall have no contractual force.

4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.3 Weights and sizes are approximate only. Any measurements and weights which we provide in our product descriptions are intended for the sole purpose of giving an approximate idea of the relevant product.

4.4 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5 YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6 OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms. In addition, we may make more significant changes to the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7 PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 Delivery locations. We will deliver the products to the delivery address specified by you when you submit your order, or such other address as we may agree in writing with you. We only deliver to addresses within the mainland UK. We are currently unable to deliver to destinations outside of mainland UK, including the Shetland Islands, Outer Hebrides, Isle of Bute, Argyllshire, Isle of Arran and the Isles of Scilly.

7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. Any dates quoted for delivery are approximate only, however we will use all reasonable endeavours to deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

7.4 We will not deliver products in instalments unless we tell you otherwise in writing. If your order consists of multiple products, we will endeavour to supply products in a single consignment. If some of the products ordered are not available for immediate dispatch when we receive your order, your consignment will be held until all products ordered are available. If the delay is likely to be more than 5 working days, we will contact you to either arrange delivery by instalments or to let you know of the anticipated dispatch date of the full order.

7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Please note: if you opt to pay for expedited delivery of products and your delivery is delayed for reasons which are within our control, our liability will be limited to a refund of the additional charged paid for expedited delivery.

7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our couriers will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, products will be returned to us and we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us.

7.9 When you own goods. You own a product once we have received payment in full.

7.10 What will happen if you do not give required information to us. We need certain information from you so that we can supply the products to you, for example, your billing and delivery details. If such information is not provided at the time of order, we will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.11 Reasons we may suspend the delay of products to you. We may have to delay the supply of a product to:

7.11.1 deal with technical problems or make minor technical changes;

7.11.2 update the product to reflect changes in relevant laws and regulatory requirements;

7.11.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.12 Your rights if we delay the supply of products. We will contact you in advance to tell you we will be delaying supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we delay it, or tell you we are going to delay it and we will refund any sums you have paid in advance for the product.

8 YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 12 if you are a consumer and clause 13 if you are a business;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4 we have delayed supply of the products for technical reasons, or notify you we are going to delay them for technical reasons; or

8.2.5 you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

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 which become mixed inseparably with other items after their delivery.

8.5 How long do consumers have to change their minds? You have 28 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you 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. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. 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 where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Phone or email. Call customer services 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 By post. Write to us at bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back 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 off the goods within 28 days of receiving the products (at your cost). You should 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. In the event that 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 which would not be permitted in a shop.

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or misdescribed;

9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery 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 costs of return.

9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your 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 which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover 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 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then 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 OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11 IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01288 355 666 or write to us at bottsmartvan@bottltd.co.uk or bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY.

12 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.


12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.

12.3 Product warranty (bott products). In addition to your legal rights as a consumer outlined above, if you are a consumer customer we warrant that on delivery, and for a period of 3 years from the date of delivery (warranty period), any products manufactured by bott shall be free from material defects in design, material and workmanship. To make a claim against our product warranty, please write to us at bottsmartvan@bottltd.co.uk or bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY. You should provide details of the defect supported by photographic evidence of the same. If your warranty claim is successful, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

12.4 Product warranty (third party products). In addition to your legal rights as a consumer, some of the products sold by us which are manufactured by a third party come with the manufacturer's standard warranty. Where third party products are sold with a manufacturer's warranty this is specified in the product description. To make a claim against the manufacturer's warranty, please write to us at bottsmartvan@bottltd.co.uk or bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY. You should provide details of your claim supported by photographic evidence of the same. We will then deal with your warranty claim with the manufacturer. 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.

12.5 Exclusions from warranty. We, nor any third party manufacturer, 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 make any further use of such 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 as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; or
12.5.3 you alter or repair the product; or

12.5.4 the defect arises as a result of fair wear.

12.6 The benefit of our product warranties is non-transferable. You may not transfer the warranties at clause 12.3 and clause 12.4 above to any other person (even if they have acquired the product) which the warranty relates to.

13 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

13.1 If you are a business customer we warrant that on delivery, and for a period of 3 years from the date of delivery (warranty period), our products (as manufactured by bott) shall:

13.1.1 conform in all material respects with their description and any relevant specification; and

13.1.2 be free from material defects in design, material and workmanship.

13.2 Subject to clause 13.3, if:

13.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

13.2.2 we are given a reasonable opportunity of examining such product; and

13.2.3 you return such product to us at our cost,
we shall, at our option, 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 make any further use of such product after giving a notice in accordance with clause 13.2.1;

13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

13.3.3 you alter or repair the product without our written consent; or

13.3.4 the defect arises as a result of 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 products sold under these terms which are third party products. However, some of the products sold by us which are manufactured by a third party are sold with the manufacturer's standard warranty. Where third party products are sold with the manufacturer's warranty this is specified in the product description. To make a claim against the manufacturer's warranty, please write to us at bottsmartvan@bottltd.co.uk or bott Smartvan, Bude Stratton Business Park, Bude, Cornwall EX23 8LY. You should provide details of your claim supported by photographic evidence of the same. We will then deal with your warranty claim with the manufacturer. 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 PRICE AND PAYMENT

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 we got the price 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. We will not charge your credit or debit card until we dispatch the products to you.

14.5 Third party finance. We provide the option to pay for products via third party finance. Finance is arranged by Corporate Asset Solutions Limited ("CAS"). Should you wish to pay for products using third party finance, you should select the "CAS Finance" option under "payment details" at checkout and, on completing the checkout process, we will notify CAS, who will contact you directly to assess whether you are eligible for finance and, if successful, process your application. Finance is arranged directly between you and CAS and shall not be subject to these terms. If CAS are unable to arrange finance in respect of your order, we will contact you to arrange for payment by alternative means. We are authorised as a broker and are regulated by the Financial Conduct Authority under firm reference number 796952.

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 We can charge interest if you pay late. 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 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you 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 at 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 for 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 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1 Nothing in these terms shall limit or exclude our liability 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; or

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;and

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.

17 HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our privacy policy.

18 OTHER IMPORTANT TERMS

18.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

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 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Schedule Online competitions: standard terms and conditions

From time to time we may run competitions over our website and/or social media channels. Details of the competition (including details on how to enter and what the prizes are available) will be set out in the advertisement promoting the competition (the "Promotion"). The terms and conditions set out in this schedule apply to all competitions run by bott, together with those additional terms specific to the relevant competition which will be detailed in the Promotion.

1. The Promoter of the competition is bott Ltd (trading as bott Smartvan). Our registered office is at Bude-Stratton Business Park, Bude, Cornwall EX23 8LY.

2. The competition is open to all UK residents aged 18 years or over, except employees of the Promoter, their families, agents or any third party directly associated with administration of the competition. The Promoter may require proof of identity and age.

3. All entries must be submitted via the method(s) specified in the Promotion. Entries that are incomplete, illegible, indecipherable, or inaudible (if made by phone) will not be valid.

4. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault (including technical malfunction, computer hardware or software failure, satellite, network or server failure) of any kind or for entries lost, damaged or delayed in the post.

5. A winner will be chosen by random draw performed by a computer process on the date specified in the Promotion ("Draw Date").

6. The winner will be notified by direct message (where applicable), email or telephone (using details provided at entry, where applicable) before the date specified in the Promotion and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within [2] days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

7. The prize will be sent to the winner by post within [10] days of the winner providing the Promoter with all necessary information (including postal address) in accordance with paragraph 6.

8. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

9. The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.

10. The winner(s) is (are) responsible for expenses and/or arrangements not specifically included in the prizes.

11. The decision of the Promoter regarding any aspect of the competition is final and binding and no correspondence will be entered into about it.

12. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails bottsmartvan@bottltd.co.uk or writes to bott Smartvan Customer Services, Bude Stratton Business Park, Bude, Cornwall EX23 8LY (enclosing a self-addressed envelope) within [6 weeks] after the closing date specified in the Promotion. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter (using the details set out at clause 2.2 of our Terms. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.

13. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

14. The Promoter reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

15. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

16. Personal data supplied during the course of this promotion will only be processed as set out in the Promoter's privacy policy. See also condition 11 with regard to the announcement of winners.

17. The competition will be governed by English law and entrants to the competition submit to the jurisdiction of the English courts.