Terms of Use

  1. Definitions and Effect of Conditions

    1. These terms of sale apply to all goods supplied by BOT5 Limited, whose registered office is at 15B High Street, ALTON, Hampshire, GU34 1AW, United Kingdom - Company No. 07996524 - Registered in England and Wales (the "Supplier", "Company" , “BOT5”, "we", “us” or "our").
    2. These Conditions shall apply to and be incorporated into every agreement between BOT5 Limited and any person, firm or company ("the customer", “you” or “your”) under which the company supplies goods or services at the request of the customer.
    3. These conditions shall supersede all earlier conditions of the company.
    4. These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the company.
    5. References to "goods" include the supply of any services to be supplied by the Company to the Customer.
    6. "Agreement" means the agreement between the Company and the Customer for the sale of goods and/or the supply of services.
    7. Any order placed by you for goods advertised on our website and / or other online market sites which we may advertise on is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
    8. We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
    9. If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
    10. In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website and / or other online market sites that we have advertised in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions below.
    11. The contract is subject to your right of cancellation (see condition 7 below).
    12. We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
    13. The Supplier may change these terms of sale without notice to you in relation to future sales.

  2. Description, pricing of goods and order

    1. Description and pricing of the goods ordered will be as shown on the Supplier’s website and / or other online market sites at the time you place your order. Please also note that descriptions and images in our advertisements are issued or published solely to provide you with an approximate idea of the products they describe and do not expressly form part of the contract between you and us.
    2. If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
    3. Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date time shall not be of the essence.
    4. If within 14 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order.
    5. Every effort is made to ensure that prices shown on the Supplier’s website and / or other online market sites are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
      1. placing a new order at the correct price for those goods;
      2. cancelling the whole of your order; or
      3. cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
    6. If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.5.1 to 2.5.3 above then:
      1. if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or
      2. if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
    7. To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
      1. In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
    8. If you buy goods or services by either:
      • The internet
      • Digital television
      • Mail order, including catalogue shopping
      • Phone
      • Fax
    • You will need to know about the Consumer Protection (Distance Selling) Regulations 2000.
      The key features of the regulations are:
      • Clear information including details of the goods or services offered, delivery arrangements and payment, the supplier’s details and the consumer’s cancellation right before they buy (known as prior information)
      • This information must also be provided in writing
      • The consumer has a cooling-off period of seven working day
    • For more information, The Consumer Protection (Distance Selling) Regulations 2000 can be seen on the Office of Public Sector Information website.
      You may also find it useful to refer to the Financial Services (Distance Marketing) Regulations (SI 2095/2004) and the Consumer Protection (Distance Selling) Amendment Regulations (SI 689/2005), which can also be found on the OPSI site.

  3. Payment

    1. Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website and  or other online market sites which BOT5 subscribe to and advertise on at the time you place your order. Payment shall be due before delivery and time for payment shall be a fundamental term of this agreement. Any breach of this shall entitle BOT5 to terminate the contract immediately.
    2. There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
    3. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

  4. Delivery

    1. The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
    2. Orders placed before 2.00 pm (GMT) on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available and payment has been processed. (A working day is any day other than weekends and bank or other public holidays.)
    3. If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.
    4. The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the Company’s control (including without limitation breakdown of plant or machinery, strike or industrial, dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not). Act of God, or any law regulation of any government or any local or municipal authority. If any such event continues for more than 28 days the company may terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either party.
    5. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to BOT5, we may:
    6. store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
    7. sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
      1. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, BOT5 reserves the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
      2. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, BOT5 will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
      3. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
      4. If the goods supplied to you are damaged in transit, faulty or incomplete, you should notify us in writing via email within 72 hours of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy (see condition 11 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your warranty rights (under clauses 8.1, 8.2).

  5. Title of Goods

    1. The goods are at your risk from the time of delivery.
    2. Ownership of the goods shall not pass to you until BOT5 has received in full (in cash or cleared funds) all sums due to it in respect of:
      1. the goods, and
      2. all other sums which are or which become due to the Supplier from you on any account.
    3. BOT5 shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

  6. Title of Goods for Business Customers

    1. Even though the goods may have been delivered and the customer may be responsible for any loss or destruction of or damage to the goods and not withstanding any other provision of these Conditions, the legal and beneficial ownership of the goods will remain with the company until the company has received payment in full of :- (i) all sums payable to the Company in relation to the agreement, and (ii) all other sums due from the customer to the Company when, the sums referred to in (i) are paid, in respect of the supply of any other goods or services.
    2. Until the customer becomes the owner of the goods in accordance with 6.1 the customer shall :- (i) hold the goods as fiduciary agent and bailee for the company who may, at any time and without prior notice, require the customer to deliver up the goods to the company (whether or not they form part of or are affixed to any other item) and, if it fails to do so immediately enter the premises where the goods may be situated with its representatives and appropriate transport and repossess the goods; (ii) not, except in accordance with condition 6.3, sell, part with possession of, use or do anything else inconsistent with the company’s ownership of any the goods and will ensure that they are not affixed to any land or building, are kept separate from any other item, properly stored and protected and clearly identified as the Company’s property, and are insured to their full replacement value against all normal comprehensive risks.
    3. Until ownership of the goods passes to the customer provided that it complies with the agreement the customer may sell the goods in the ordinary course of its full market value.
    4. After the company has repossessed any goods it may sell them and the proceeds of sale will belong to the company absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by the company are less than the amount payable to it in relation to the agreement it may recover the balance from the customer.
    5. The customer will become responsible for any loss or destruction of or damage to any goods on their delivery
    6. All insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for the company in a separate account and first be applied in or towards discharging any sums payable under the agreement.
    7. Even if ownership of the goods has not passed to the customer the company may recover all sums payable to it in relation to the agreement.

  7. Your right of cancellation

    1. You have the right to cancel the contract at any time up to 7 working days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
    2. To exercise your right of cancellation, you must give and deliver written notice to BOT5, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
    3. Except in the case of faulty goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the Suppliers address as advised within the Returns procedure (see condition 11 below). You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty goods we shall, after receiving notification in accordance with condition 7.4, 7.5 or 7.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with our Returns procedure (see condition 11 below).
    4. Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days as appropriate in accordance with our Returns procedure (see condition 11 below) for sums that have been paid by you or debited from your credit card for the goods.
    5. Except in the case of faulty goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
    6. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.

  8. Warranty

    1. All new goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow our Returns procedure (see condition 11 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either:
      1. replace those goods, if the Supplier has available the same goods at the same price;
      2. repair those goods; or
      3. within the first 6 months of the warranty period, refund or re-credit you the sum you have paid for the relevant goods or subsequently for the remainder of the warranty period, refund or re-credit you the sum you have paid or equivalent to fair market value whichever is the lower, within 30 days of the date that the relevant goods are returned in accordance with our Returns procedure (see condition 11 below).
    2. Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on our website at the time you place your order. All Used Goods supplied by us are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow our Returns procedure (see condition 11 below). In the event of a valid claim for a defect in the Used Goods,BOT5 will (at its option) either:
      1. replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
      2. repair the Used Good(s); or
      3. refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with our Returns procedure (see condition 11 below).
    3. The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s or Supplier’s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
    4. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

  9. Limitation of Liability

    1. Subject to 9.2 below, if you are a consumer the BOT5 shall not be liable to you for any loss or damage in circumstances where:
      1. there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
      2. such loss or damage is not a reasonably foreseeable result of any such breach;
      3. any increase in loss or damage resulting from breach by you of any term of this contract.
    2. Nothing in these conditions excludes or limits the liability of BOT5 for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
    3. If you are a business customer BOT5 shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
      1. loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
      2. any indirect or consequential losses, liabilities or costs.
    4. If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.

  10. Data Protection

    1. We will take all reasonable precautions to keep the details of your order and payment secure but unless BOT5 is negligent, we will not be liable for unauthorised access to any/all information supplied by you.

  11. Returns

    1. For all details of our returns policy and procedures please visit the returns link on the foot of the homepage of the website.
    2. In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or your original form of payment method is declined we will hold the item(s) until full payment has been made for the return carriage.
    3. Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.

  12. Governing Law and Jurisdiction

    1. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.