Terms and Conditions
Business Terms & Conditions
The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase agreement entered into by and between Bootysprout Limited Reg. No. 677614, with its registered office at 77 SIR JOHN ROGERSON'S QUAY, BLOCK C GRAND CANAL DOCKLANDS, DUBLIN 2, D02 VK60, REPUBLIC OF IRELAND (“Bootysprout” or "Seller"), and the buyer (“Buyer”).
Buyer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Bootysprout.
The Buyer acknowledges that the registered trademarks, trade names, company logos, etc. of Bootysprout cannot be used by the Buyer by virtue of having purchased the products offered by Bootysprout, unless a specific agreement individually provides otherwise.
When ordering and paying for the the goods, the Buyer will obtain a General Trade Conditions (GTC) as a link in the order confirmation to the specified e-mail address.
II. Pre-Contractual Representations and Warranties
Bootysprout represents and warrants that:
- The cost of distance communication between the Buyer and Bootysprout is subject to no additional fees (Bootysprout charges no additional fees to the amount charged by the Buyer‘s internet/telephone provider).
- The Buyer is required to pay the purchase price before he gets the goods delivered from Bootysprout.
- The prices for goods as well as shipping cost displayed on Bootysprout’s website are quoted including the VAT.
- Buyer can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
- receiving the goods (purchase agreements);
- The Buyer can withdraw in writing by sending the notice to the Bootysprout e-mail address email@example.com or through our contact form.
iii. The buyer may not cancel an order if the order has already been shipped. The withdraw from the agreement can be made only after the goods was delivered.
- The costs incurred in association with returning the goods (withdrawn agreements) are borne by the Buyer.
- Any complaints can be made by sending it to Bootysprout’s official email firstname.lastname@example.org or through our contact form.
BootySprout, Ltd. is a subisdiary of BootySprout, Inc.
BootySprout and the BootySprout logo are trademarks of BootySprout, Inc.
The BootySprout, Inc. Technology is protected by multiple US and International Patents, Design Patents, and/or Pending Patent Applications. All content included on the Website is the copyright property of BootySprout, Inc. All content is protected by United States and international copyright laws, including by the Berne Convention. The compilation of all content on this site is the exclusive property of BootySprout, Inc. and protected by copyright laws. All software used on this site is the property of BootySprout, Inc.
The Buyer enters into the agreement by adding the requested product(s) to the cart. The Buyer can change the products added to the cart, i.e. check the order details, before placing a firm order. The purchase agreement is entered into effect upon the moment the Buyer (having selected the shipping and payment method) submits the order, make the online payment for the full purchase price and the order in question is received by Bootysprout whereby Bootysprout assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Buyer is informed about the executed agreement in a confirmation e-mail letter sent by Bootysprout to the e-mail address provided by the Buyer.
The confirmation email letter is sent along with a link to Bootysprout’s General Business Terms and Conditions and Claims Code. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
The executed agreement is archived by Bootysprout for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.
Under the purchase agreement, Bootysprout undertakes to deliver the product to the Buyer and enables the Buyer to acquire the title to the product purchased under the purchase agreement; the Buyer undertakes to receive the product from and pay the purchase price to Bootysprout while placing the order.
As Bootysprout reserves the right of ownership to the product, the Buyer acquires the title to the product only after the purchase price has been paid in full.
Bootysprout delivers the product to the Buyer along with relevant delivery note pertaining thereto and enables the Buyer to acquire the title to the product in compliance with the agreement.
Products to be shipped by Bootysprout are delivered to the Buyer by submitting the product to the designated shipping company and enabling the Buyer to claim the rights implied by the shipping agreement with the shipping company. Products designated for Buyers are delivered by Bootysprout to the Buyer only after the Buyer receives the product in question from the shipping company.
Bootysprout delivers the purchased product to the Buyer in the agreed amount, quality and design.
- Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Buyer is delivered other than the ordered product.
The Buyer can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Buyer although the defect in question becomes evident only later. The Buyer can claim the rights also with reference to a defect that has become evident later as result of a breach of Bootysprout’s obligation.
The Buyer is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Buyer.
The risk of damage passes to the Buyer upon accepting the product in question.
Damage to the product occurring after the risk of damage has passed to the Buyer does not affect the Buyer’s obligation to pay the purchase price unless the damage occurred as result of a breach of Bootysprout’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
- Liability (Bootysprout)
Bootysprout guarantees to the Buyer that the product is free from defects when received by the Buyer. In particular, Bootysprout guarantees to the Buyer that, at the moment the product is received by the Buyer:
- The product has the characteristics described by Bootysprout or expected by the Buyer with reference to the nature of the goods and related advertisement.
- The product can be used for the purposes stated by Bootysprout or for the purposes for which the product of that kind is usually used.
- The product is provided in the corresponding quantity, measurement or weight.
- The product complies with the requirements stipulated by law.
The Buyer may and can claim faulty consumer goods within 24 month after receipt on the metal frame and other metal parts.
This does not apply to:
- discount-related defects;
- usual wear and tear;
- defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Buyer; or
- cases implied by the nature of the case.
The warranty periods are stipulated in the Claims Code.
Improper performance cannot be claimed if the Buyer was aware about the defect before accepting the product or if the defect in question was caused by the Buyer.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
- Material Breach
If improper performance constitutes a material breach of the agreement, the Buyer may and can:
- have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Buyer can only claim that the component part in question be replaced; if such is not feasible, the Buyer may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Buyer may and can have the defect removed for free;
- be given a reasonable discount on the purchase price; or
- withdraw from the agreement.
When claiming the defect in question, the Buyer informs Bootysprout as to which of the aforementioned options the Buyer has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Bootysprout; with the exception of a defect requested by the Buyer to be repaired and subsequently being identified as irreparable. If the defects are not removed by Bootysprout within a reasonable period or if the Buyer is informed by Bootysprout that the defects in question will not be removed, the Buyer may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement.
If the Buyer fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where Bootysprout cannot deliver a new defect-free product, replace the component part or repair the product, Buyers may and can claim a reasonable discount also in cases where Bootysprout fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Buyer.
- Immaterial Breach
If improper performance constitutes other than material breach, the Buyer may and can have the defect removed or be given a reasonable discount on the purchase price.
Unless the Buyer claims the discount on the purchase price or withdraws from the agreement, Bootysprout may deliver the missing parts or remove the defect. Other defects can be removed at Bootysprout’s discretion either by repair or delivery of a new product.
If Bootysprout fails to remove the defect in due course or refuses to remove the defect, the Buyer may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Bootysprout.
- General Breach
The Buyer may claim to have the defect removed. This claim may be solved by replacing the component part that has a defect. If the defect cannot be solved, a new product will be delivered.
If being delivered a new product, the Buyer returns the original product back to Bootysprout (along with all accessories delivered together with the product itself) and does so at Bootysprout’s cost.
Buyers failing to report the defect without undue delay after the defect could have been identified by the Buyer had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Buyer had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Buyer.
- Quality Warranty
In providing the quality warranty, Bootysprout undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may also be arranged with reference to individual component parts of a product.
The warranty period commences on the day the product is delivered to the Buyer.
The Buyer cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Buyer.
If the Buyer resells the item purchased from Bootysprout, donates it, or otherwise transfers the ownership to another person, the Buyer is obligated to communicate this to Bootysprout.
Buyer may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of receiving the goods (purchase agreements);
Buyers may withdraw from the agreement by submitting an email to email@example.com or through our contact form; once submitted, the email is confirmed as received by Bootysprout in writing without undue delay.
If withdrawing from the agreement, the Buyer is to return the goods delivered by Bootysprout and do so at Buyer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Buyer.
Buyers are liable to Bootysprout for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
Buyers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Bootysprout without undue delay, however, no later than within 14 days following the withdrawal and the goods have returned to Bootysprout and have been inspected. The money will be refunded using the same method of payment as agreed in the agreement. If BootySprout provides a prepaid return label, then the cost of return shipping will be subtracted from the Buyer’s refund.
- Pricing Errors
Except for cases stipulated by law, Bootysprout is entitled to withdraw from the contract in case of an obvious pricing error.
Bootysprout can and may withdraw from the contract pursuant to this point within 14 days of the day following the date of conclusion of the purchase agreement between the Buyer and Bootysprout by canceling the order or by otherwise indicating to the Buyer that it is withdrawing from the agreement.
If the Buyer has paid the purchase price of the goods, this amount will be transferred back to his/her bank account no later than 14 days from the day following the date of withdrawal from the contract by Bootysprout.
V. Personal Data Protection and Security
VI. Business Hours and countries served
Orders placed in the Bootysprout e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, Bootysprout assumes no liability for non-observance of the stipulated business hours.
Countries where Bootysprout can deliver the product are: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithaunia, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
The prices are contract prices. Prices quoted on-line in the www.bootysprout.eu e-shop are always up to date, valid, and listed in Euro (EUR).
Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the Buyer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Buyer).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
The Buyer acknowledges that Bootysprout and the Buyer need necessarily not enter into the agreement, especially if the goods are ordered by the Buyer for a price mistakenly quoted on the website due to the internal Bootysprout system error. Bootysprout is entitled to withdraw from such a contract, even after the Buyer has received an e-mail confirming the order. In such case, Bootysprout shall inform the Buyer of this fact. Examples of pricing errors may include:
- the price of the goods is clearly and obviously incorrect (e.g. does not reflect the original purchase price);
- the price is missing one or more digits, or shows more digits than it should;
- the discount exceeds 40% without the goods being part of a special marketing campaign or a sale marked with a special symbol.
Bootysprout reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Buyer is informed by Bootysprout. The Buyer acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
In addition, Bootysprout reserves the right to declare a purchase agreement void if unauthorised use of a discount card or similar voucher has been made in violation of its terms and conditions, in particular if:
- the discount card was applied to goods other than those for which it was intended;
- the discount card was used in conjunction with another discount, even if the addition of these discounts has not been expressly prohibited;
- the discount card was used for a purchase in the amount below the minimum set price;
- Bootysprout discovers that the discount card has already been used.
The Buyer acknowledges that in these cases the purchase agreement cannot be validly concluded, and the Buyer acknowledges that Bootysprout is entitled to claim, among other things, unjust enrichment.
The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed in the e-shop operated by Bootysprout ("e-shop");
Information about the exact shipping time is included in the e-mail letter sent to the Buyer. The shipping period and fees depend on the option selected by the Buyer in the second step of placing the order.
Unless paid in full and received, the goods remain the property of Bootysprout. The risk of damage passes to the Buyer upon receipt.
Once the order is placed, the billing details of the Buyer cannot be edited.
Bootysprout reserves the right to offer only some methods of payment to the Buyer and do so at its own discretion.
If the Buyer withdraws from a concluded contract with Bootysprout, or if the Buyer is refunded for any other reason, Bootysprout will return the funds received from him/her under the purchase agreement in the same manner. The Buyer is responsible for providing the correct and accurate data for the refund.
Bootysprout delivers the goods in co-operation with a shipping company.
Estimated shipping time is 2-6 business days depending on location of customer. In case of force majeure or IT system disruption, Bootysprout assumes no liability for late delivery of goods.
To prevent damage/legitimisation of proceeds of crime (if any), Bootysprout’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Bootysprout’s contractual partners to be collected.
When receiving the goods from the shipping company, the Buyer – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape and undamaged packaging) as per the enclosed delivery note. The Buyer may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Buyer is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by e-mail to firstname.lastname@example.org or through our contact form and the damage be described in the report on damage executed with the shipping company representatives and sent to Bootysprout by e-mail. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Buyer’s right to claim the warranty; yet, they enable Bootysprout to prove that the same do not represent a conflict with the purchase agreement.
The warranty terms and conditions are governed by the Bootysprout Claims Code. In general, the warranty certificate is replaced by the proof of purchase (please see the Claims Code for more details).
Relationships and possible disputes arising from the contract shall be settled exclusively under the law of the Republic of Ireland and shall be settled by the competent courts of the Republic of Ireland. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any disputes arising between Bootysprout and the Buyer may be settled out of court. Bootysprout recommends the Buyer to first contact Bootysprout to address the situation.
The agreement is entered into in the English language. If the agreement is required to be translated for the Buyer into another language, the English version prevails in case of discrepancies between the two language versions.
These General Business Terms and Conditions and parts hereto come into force and effect on 15th of October 2020, and are available on-line at www.bootysprout.eu
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