1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age or have the express approval of a parent or guardian.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- Copyright notice
3.1 Copyright (c) 2016 Botts Pond.
3.2 Subject to the express provisions of these terms and conditions:
(a) we own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) use the payment facility to purchase items offered on the website.
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for browsing items for sale and purchasing of these items, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 You must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
7.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8 We use an industry standard encrypted payment method. However, we will not be liable to you for any losses for the use of credit or debit cards, arising from unauthorised access by a third party to your confidential information.
- Breaches of these terms and conditions
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) temporarily suspend your access to our website;
(b) permanently prohibit you from accessing our website;
(c) block computers using your IP address from accessing our website;
(d) contact any or all of your internet service providers and request that they block your access to our website;
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(f) suspend or delete your account on our website.
8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9.1 We may revise these terms and conditions from time to time.
9.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
11.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- Law and jurisdiction
14.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
14.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
15.1 We are a partnership business.
- Prices, Payment And Delivery
(a) prices shown on this website are in GBP and inclusive of VAT, where applicable, but do not include delivery charges unless specifically stated;
(b) the agreed purchase price is the price shown on the website at the time of ordering;
(c) we take every effort to ensure prices shown on the website are correct. Should an error in pricing occur, we will inform you by email. You will then have the option of cancelling the order with a full refund, or re-ordering at the correct price;
(d) we use an industry standard encrypted payment method. Any credit or debit cards used to purchase items from this website must be in your name, and have sufficient funding in your account to cover any purchases;
(e) It is a criminal offence to use a false name or invalid debit or credit card to order goods from this website;
(f) any goods purchased on this website will not be delivered until payment has been received in full;
(g) once an order has been placed on our website, on the next working day, we will send you an email confirming the order;
(h) we will update you by email in the unlikely event that there is a problem with your order;
(i) completion of the contract between you and us will take place on dispatch of the items, unless we do not accept your order or you cancel it;
(j) we only collect basic personal information to process your order. We do not release any of this information to third parties;
(k) although we endeavour to deliver purchases in as expedient a manner as possible, we are not liable to you for delays in supplying goods by events or circumstances beyond our reasonable control;
(l) we are unable to offer cash exchanges. A credit note can be issued upon us receiving any unwanted or faulty item back in the same condition they were delivered within 21 days. We will meet any return post and packaging costs on faulty goods. However, you are responsible for any return post and packaging costs on unwanted items, and we recommended that you ask for proof of postage;
(m) quality matters to us, and we endeavour to monitor the quality of our goods. In the event that your items are faulty, we require email notification within 48 hours of you receiving the order;
(n) all our parcels are clearly labelled with a delivery and return address. Unless you have paid for tracking delivery, we cannot track your order. In the first instance you should contact the dispatch company to resolve the matter. If the goods are still not delivered, you need to email us of the problem within 14 days of dispatch. Claims made after this time cannot be upheld;
(o) in the unlikely event that you receive incorrect items, please call us immediately on 07706 408458, in order that we can resolve the matter promptly.
- Our details
17.1 This website is owned and operated by Botts Pond.
17.2 We are a partnership business.
17.3 Our principal place of business is Burntwood, Staffordshire.
17.4 You can contact us by email to firstname.lastname@example.org or by telephone on 07706 408458.