PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BODO UK LTD. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by BODO UK LTD.

PRIVACY

Our Privacy Policy describes the collection and use of information on the Site.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, BODO UK LTD shall issue you a refund.

PRODUCT INFORMATION

Most BODO UK LTD products displayed on the Site are available in select stores in the United Kingdom and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

USER GENERATED CONTENT

1. Generally

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to BODO UK LTD a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicense able right to use, reproduce, modify, adapt, translate, distribute, publish, create and publicly display and perform, the User Generated Content throughout the world; (B) grant BODO UK LTD and its affiliates and sublicenses the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant BODO UK LTD the right to pursue at law any person or entity that violates your or BODO UK LTD’s rights in the User Generated Content by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and BODO UK LTD is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, BODO UK LTD reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. BODO UK LTD is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by BODO UK LTD or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release BODO UK LTD from any claims that you could otherwise assert against BODO UK LTD by virtue of any moral rights.

2. USE OF CHAT ROOMS, BULLET BOARDS AND OTHER INTERACTIVE AREAS

The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If BODO UK LTD provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

Material that is sexually explicit, violent, derogatory, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Material that promotes illegal drug use, tobacco or firearms use;

Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, national or international law;

Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited advertising or links to other commercial sites;

 Names, addresses, phone numbers, email addresses, national insurance numbers, credit card numbers or other personally identifiable information of you or someone else;

Viruses, corrupted data or other harmful, disruptive or destructive files;

Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;

Material that communicates messages inconsistent with the positive good will of BODO UK LTD; or

Material that, in the sole judgement of BODO UK LTD, is objectionable, or which may expose BODO UK LTD or its users to any harm.

BODO UK LTD takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BODO UK LTD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, BODO UK LTD is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although BODO UK LTD has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, BODO UK LTD reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.

Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.

3. COMMENTS AND SUBMISSIONS

Anything that you submit or post to the Site and/or provide BODO UK LTD, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and BODO UK LTD shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of BODO UK LTD and shall not be returned to you. BODO UK LTD is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that BODO UK LTD may use and/or disclose information consistent with our Privacy Policy.

COPYRIGHT COMPLAINT POLICY - INFRINGEMENT NOTIFICATION

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying BODO UK LTD that your copyrighted material has been infringed.

Please provide the following information in the following order (including Section Numbers):

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Site should be emailed to info@bodofootwear.com re: copyright infringement

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and legal fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act and other applicable law, BODO UK LTD has adopted a policy of terminating, in appropriate circumstances and at BODO UK LTD’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. BODO UK LTD may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BODO UK LTD, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

LINKS TO OTHER WEBSITES

This Site may contain links to outside services and resources. You acknowledge that (A) BODO UK LTD is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) BODO UK LTD is not responsible for any other form of transmission received from any linked site. BODO UK LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BODO UK LTD of the site. Any concerns regarding any such link should be directed to the particular third party website.

TERMINATION

These Conditions are effective unless and until terminated by either you or BODO UK LTD. You may terminate these Conditions at any time. BODO UK LTD also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BODO UK LTD’s sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.

TERMS AND CONDITIONS OF PURCHASE

    Our Agreement With You

    Processing Your Order

    Refund Policy

    Cancelling Your Order

    Basis of Sale

    Price of the Goods

    Risk and Property

    Warranties

    Force Majeure

    Law and Jurisdiction

1. OUR AGREEMENT WITH YOU

In this agreement, we are BODO UK LTD and you are the person detailed on the Order Forms.

Our agreement is made on the date we deduct payment from your nominated payment method, details of which you provided on the order form. Only the goods listed on the confirmation of despatch email sent at the time of despatch will be included in the agreement. Our agreement includes all correspondence from us to you.

2. PROCESSING YOUR ORDER

We will send a confirmation email by way of acknowledging your order within 24 hours. This email does not constitute acceptance of your order by us.

If your chosen products are in stock your order will be processed. We will deduct the price payable for your chosen products plus any shipping charges from your nominated payment method.

Should you not receive your chosen products within 10 days of despatch please contact us to let us know by email or by telephone. (For non UK mainland orders please allow up to 25 days). You will then be given the choice of:

a) Cancelling your order whereupon we will refund the full price you paid, or

b) After a further waiting period as agreed by us, we will despatch a replacement order provided the goods remain in stock. If no stock is available, we will cancel and refund the order.

If the goods should turn up after the order has been cancelled and refunded or a duplicate order delivered, you must contact us to arrange payment for the duplicate items or to arrange return of the goods.

3. REFUND POLICY

We ask that you return the goods to us, in their original condition and with the original packaging, within 30 days of receipt. On receipt of the goods we will refund their full amount as soon as possible, including the cost of sending the item to you and within a maximum of 30 days. However, you will be responsible for the cost of returning the item to us.

On return of your goods you may request replacement products, we will despatch these to you subject to availability. Your original order will be refunded and a new order placed this allows complete traceability of your orders.

FAULTY RETURNS

For Faulty or incorrect items please contact us to arrange their return upon receipt we will either refund in full or despatch an alternative.

4. CANCELLING YOUR ORDER

Under the Distance Selling Regulations, you may cancel your order for any reason by giving us written notice within 30 working days, starting the day after delivery, this must be in writing and sent by email to support@bodofootwear.com. In all cases you are responsible for the cost of returning the goods.

5. BASIS OR SALE

The terms of this, Our Agreement with You, shall govern our contract to the exclusion of any other terms and conditions.

Any typographical clerical or other error or omission in any sales literature price list acceptance of offer or other document or information issued by us is subject to amendment by us where reasonable in all of the circumstances to do so.

You are responsible for ensuring the accuracy of your Order and the details provided in your Order Form.

The quantity and description of your chosen products shall be those set out in the Order Form unless we subsequently agree otherwise.

6. PRICE OF GOODS

The price of the Goods shall be the price quoted by us on our Website next to the illustration/description of your chosen products, unless agreed otherwise by us in writing. All prices unless otherwise stated are displayed in pounds sterling (GBP).

The price is inclusive of any payable value added tax in the UK. Customers outside the EU will automatically receive a 10% discount off the cost of the goods.

We reserve the right to change prices for products at any time without prior notice.

7. RISK AND PROPERTY

Risk of damage to or loss of your chosen products shall pass to you on delivery of them.

Notwithstanding delivery and the passing of risk in your chosen products or any other provision of this Agreement property in your chosen products shall not pass to you until we receive cleared funds payment in full of the price of your chosen products.

We recommend that all products intended for outdoor wear should never be tried on surfaces intended for indoor wear. For instance please do not try footwear with dark coloured soles on light coloured carpets.

8. WARRANTIES

We warrant that you will be entitled to the benefit of any warranties or guarantee given by you the suppliers to us of your chosen products. This does not affect your statutory rights.

You warrant that the information entered onto the Order Form is true.

Where we sell to you under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by this Agreement.

9. FORCE MAJEAURE

We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:-

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.

Import or export regulations or embargoes.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

10. LAW AND JURISDICTION

Contracts for the purchase of Goods through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

VOUCHER CODES

Voucher codes are the discount code we offer to particular groups of customers. The percentage discount varies depending on the individual promotion. Each voucher code has a unique expiry date and is not valid on the website after this date. Please note that a voucher discount code cannot be used on any line which has already been discounted. Also the percentage discount or value only applies to the selling price of the shoes and does not apply to the cost of delivery. For vouchers for a monetary value we can only offer this against the legitimate purchase on a pair of shoes and the voucher has no value away from this website. No change will be given for any voucher code sales.

We are not responsible for Voucher Codes taken from third party sites, if you attempt to use a code taken from a voucher code site you do so at your own risk and its failure to give you the quoted discount has nothing to do with BODO UK LTD.

FREE GIFTS

BODO UK LTD may offer free gift promotions. Under the terms of the Sale and Supply of Goods to Consumers Regulations 2002 free gifts linked to the purchase of a particular product or a specified value form part of that purchase contract. In the event that you wish to return that purchase, then the free gift must be returned to us at the same time.

DISCLAIMER

This site and the materials and products on this site are provided “As is” and without warranties of any kind. To the fullest extent permitted by law, BODO UK LTD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

BODO UK LTD does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful.

BODO UK LTD does not make any warrantees or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.

BODO UK LTD reserves the right to correct any errors, inaccuracies or omissions and to change or update information at anytime without prior notice (including after you have submitted your order).

We apologize for any inconvenience this may cause you.

LIMITATION OF LIABILITY

In no event shall BODO UK LTD or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from:

The use of, or inability to use, the site;

The performance of the services, products and materials available from the site; or

The conduct of other users of the site, even if BODO UK LTD has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against BODO UK LTD for dissatisfaction with the site or any content is to stop using the site. That said, if BODO UK LTD is found to be liable to you for any damage or loss which is in any way connected with your use of the site or any content, BODO UK LTD’s liability shall not exceed GBP 50.00.