Terms of Use for Botticelli Design Concepts, LLC Website
Botticelli Design Concepts, LLC and/or its affiliates ("BDC", "we" or "us") operate an online store ("BDC Shop") located at bottdesign.com from which you may purchase products and services ("BDC Shop Products").
These Terms of Use apply to the content and functionality of the BDC Shop, and to the BDC Shop Products.
1. Information that you provide to us
You may give us information about yourself when you visit the BDC Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the BDC Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. BDC Shop IP
As between you and BDC, BDC and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the BDC Shop (collectively, "BDC Shop IP"). BDC Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in BDC Shop IP not expressly granted to you in these Terms of Use are reserved.
3. Access to BDC Shop
BDC grants you a limited, revocable, non-exclusive, non-transferable license to access the BDC Shop. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the products and services available for purchase in the BDC Shop ("BDC Shop Products") are set out in the BDC Shop. All features, content, specifications, products and prices of products and services described or depicted in this BDC Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The appearance of a product in reality may differ from its appearance to you on the BDC Shop due to limitations inherent to exhibiting items in photographic form, and of the systems that you use to access the BDC Shop. The inclusion of any products or services in the BDC Shop at a particular time does not imply or warrant that these products or services will be available at any time.
5. Your account
We may require that you create an account to access the BDC Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6 Orders and returns
All BDC Shop Products may be ordered upon request to BDC. Upon receipt of a request, BDC shall discuss your desires, needs, and concerns with regard to the products. BDC will then send you an invoice for the discussed products. The prices charged to you on the invoice may vary somewhat from the wholesale prices, which difference is intended to compensate for BDC’s services to you. BDC is not obligated to disclose the prices it pays for any products.
Once BDC receives payment for the order, BDC will order the items on your behalf. All items are not refundable for any reason, unless otherwise specified.
After the order is placed, BDC’s services and involvement with the order shall cease, unless otherwise agreed. All aspects of fulfillment are handled by third parties, including but not limited to the manufacturers, vendors, receivers, distributors, and carriers.
Unless otherwise agreed, for any issues or concerns that come up with the fulfillment process – including but not limited to problems with shipments, or products varying from their descriptions – you must discuss directly with the appropriate third party. BDC shall not be involved in these issues, except at its sole discretion.
BDC shall not be liable for any issue related to fulfillment, including but not limited to delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from shipment or delivery.
7. No warranties
We provide the BDC Shop, BDC Shop IP and BDC Shop Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by BDC or obtained by you from or through the BDC Shop - whether from BDC or another entity, and whether oral or written - creates or implies any warranty from BDC to you.
BDC disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the BDC Shop; (b) that the BDC Shop Products will meet your specific needs or requirements; (c) that the BDC Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that BDC will correct any defects or errors in the BDC Shop; or (e) that the BDC Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the BDC Shop is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
8. Limitation of liability
Under no circumstances will BDC be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the BDC Shop or for the unavailability of the BDC Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the BDC Shop, even if such damages are foreseeable, and whether or not you or BDC has been advised of the possibility of such damages. BDC is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the BDC Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. BDC further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the BDC Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the BDC Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the BDC Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by BDC in relation to the BDC Shop, BDC Shop IP, and BDC Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to BDC during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
9. Disputes
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, the parties shall negotiate a resolution in good faith. If necessary, an action may be brought in a court of law only within the State of California.
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
10. Applicable law
By using the BDC Shop, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and BDC.
11. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the BDC Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.
12 Our contact information
Botticelli Design Concepts, LLC