BETIKO LIVING CUSTOMER TERMS AND CONDITIONS

These provisions which include the Privacy Policy and Cookie Policy along with any other documents referred to in these provisions, set out the Terms and Conditions ("the Customer Terms") of your Agreement with Esselle Retail Limited, trading as "Betiko Living", on which you may make use of the Betikoliving.com website (the "Site") together with the "Services" provided by Betiko Living, either as a guest or registered use for the supply of products ("the Products").

We might update these Customer Terms and any aspect of the Services from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to these Customer Terms. If you do not agree to the Customer Terms you cannot use the Services or any part of them.

1: About us

Full name of legal entity: Esselle Retail Limited, trading as Betiko Living registered number 12671338. Betiko Living is registered and operates in the United Kingdom.

Postal address: Betiko Living, 11 Sherborne Street, Manchester M3 1JS

2: Accessing the Betiko Living Service

Access to the Services is allowed on a temporary basis, and we reserve the right to withdraw or modify the services we provide through the website without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may limit access to any or all of the Services, to users that have registered with us. Any personal information and other information provided by you is processed by us in compliance with our Privacy Policy. By providing any such personal information or other information you agree to the terms of our Privacy Policy.

If you choose, or you are supplied with, a username, password or any other piece of information as part of our security procedures, you must treat such information as highly private and confidential, and you must not disclose it to any third-party. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. You must ensure that you check all information before making a purchase.

3: 'IP' Intellectual property rights

We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.

You must not extract or otherwise use any of the content on the Site and/or Service for any commercial purpose without obtaining a licence to do so from us or our licensors.

4: Description of "Services"

Please keep in mind that the legal contract between you and the Seller is formed when you purchase the Products and/or Services, and such legal contract consists of these Customer Terms, the email confirmation of your order, and the related details on the product page, and you agree to be bound by all such provisions.

Customer Terms, the email confirmation of your order, and the applicable details on the product page in terms of your order should be carefully reviewed. In a conflict or inconsistency between these Customer Terms and the email confirmation or the details on the product page, these Customer Terms shall govern.

The Site provides no guarantee that goods and/or services purchased from Sellers through the Site will be of satisfactory quality, and we specifically disclaim any and all implied warranties to the fullest extent permitted by law. Orders placed through the Site may be disclosed to the relevant Seller.

Listings provided by Sellers are not reviewed or controlled by us, and we are not liable for any of the items offered for sale by Sellers on or through the Site.

5. Libility Disclaimer

Nothing in these Customer Terms shall limit or exclude our liability for fraud, death, injury or death resulting from our negligence, our agents' negligence, or their negligence, or any other liability which cannot be limited or excluded by law.

We disclaim all liability for any harm caused by your use of any part of the Service to the fullest extent permitted by law.

Our Site is provided "as is" and "as available" without any express or implied warranties, and we explicitly disclaim any and all express or implied warranties.

6: Seller and Customer Contract

You may submit an order to purchase Products and/or Services that are specified within it subject to the Customer Terms and any other details on the product page.

Until we provide you with an acknowledgement of order by email, your contract with the Seller will pertain only to those products and services identified in the acknowledgement of order. Please retain this email for your records.

Despite the fact that we will always try to fulfill your order through such acceptance, there may be instances when we are unable to ship Products due to unavailability. If that occurs, we will notify you and refund the money for the unattainable products back onto your card or account.

If the payment process has not begun at that time, the money for such Products shall not be taken out of your account or from your card. Our acceptance does not therefore guarantee and is subject to the availability of Products following the receipt of the confirmation email by you.

7: The Products

Although we make every effort to ensure accuracy in our descriptions of the Products, on our prices and availability on the Site, errors may occur. We reserve the right to revise prices and availability without prior notice.

In the event that we find an error that materially impacts your order, we will contact you as soon as possible for the possibility of cancelling your order in full or the part(s) concerned.

If you make such a genuine cancellation, the money for the cancelled part of your order will be refunded to your account or on to your card (or will not be taken at all if the payment process has not begun at that time). This in no way restricts or limits your ability to return the goods in line with our returns policy.

8: Payment and Selling Prices

The price of the product will be as shown on the order pages when you place your order. Payment for the Product is required on dispatch. If items are shipped in instalments, payment may be taken in instalments as each is product is dispatched (but will not exceed the order total). Where payment has not been received, we are under no obligation to deliver the product to you. Our invoice(s) for the price of the Products you purchase are set out in the email order confirmation we send to you.

You can also review and print these invoices at any time by logging in to "My Account" section of the Site. You should retain copies of the invoices for your records.

9: Delivery

Typical methods and costs of delivery are as shown on the product page, they are confirmed at checkout. We will give you an estimated date for delivery, and we will make every effort to deliver any Products ordered within the estimated period and will endeavour to deliver your order within 14 days of the Agreement date unless otherwise agreed with you as stated in our email order. Please be aware that some Products require a signature as proof of delivery.

Delivery may be delayed due to situations outside of our control. If this occurs, we will notify you as soon as possible and take steps to minimise the impact of the delay. Betiko Living shall have no liability for such delays.

In the event of a failed delivery to you, our courier may re-attempt delivery or leave you a card or contact you to re-arrange delivery depending on the couriers agreement with the seller. If we are unable to contact you to re-arrange delivery, we may end the Agreement.

10: Risk and Ownership

You will be responsible for the Products from the time we deliver the Products to you at the stipulated delivery address. You will only own a product once we have received payment in full for that product, but we do not guarantee title to the Products.

11: Right to Cancel

You have certain rights to cancel your Agreement as set out in our Returns Policy. Your rights depend upon what you have bought, the reason for your return and when you decide to end the Agreement. If you have taken advantage of any manufacturer's warranty applicable to the product you have bought you may have rights under that warranty which you should direct to the manufacturer.

Certain orders may constitute improper use of our Site. We reserve the right, at our sole discretion, to refuse or cancel any Agreement for any reason. Payment will not be taken, or will be refunded, for any refused orders. Your account, may also be restricted or terminated for any reason, at our sole discretion, if you have breached these Customer Terms or any other policy or terms of use relating to the Site or if you have otherwise misused the Site. Verification of certain information may be required prior to the acceptance of any order. An order may not be accepted if such information is not forthcoming from you following such a request.

12: Warranties and Disclaimers:

We are under a legal duty to supply Products that are in conformity with the Agreement and, where you buy as a consumer, you have certain rights, including legal rights relating to faulty or misdescribed goods which apply in addition to our Returns Policy.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights where you buy as a consumer, nor does it affect your rights to cancel any Agreement under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013.

13: Limitation of Liability

We are only responsible for losses that are a natural, foreseeable consequence of our breach of the Customer Terms. In no event shall we or our officers, directors, employees, agents, successors, or subsidiaries be liable to you under any Agreement formed under the Customer Terms for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, or any injury to business reputation or any losses that are not reasonably foreseeable by both of us at the time of the Agreement.

Where you buy as a consumer, these Customer Terms and our Returns Policy will not affect your rights under law which cannot be otherwise excluded. For more information contact your local Citizens Advice Bureau.

Nothing in these Customer Terms shall exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the Products.

You hereby acknowledge that the preceding paragraph shall apply to all Products or services you buy from us through the Site or other channels.

14: None of the headings shall be relevant in the construction of this document.

15: Governing Law and Jurisdiction

These Customer Terms and any obligations arising from them or in relation to them shall be governed and construed in accordance with the laws of England and Wales and the courts in England and Wales shall have exclusive jurisdiction.

Last Updated 17th June 2021