Terms of Service

OVERVIEW

Welcome to Botiboty! The terms “we,” “us,” and “our” refer to Botiboty. Botiboty operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, as a customer, with a personalised shopping experience (the “Services”). Botiboty uses the Shopify platform to offer you the Services.

The terms below, together with the policies referred to in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNTS

By accepting these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence and that you consent to your minor children using the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all the necessary rights to provide it.

You are solely responsible for keeping your account credentials secure and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. Please note, however, that product colours or appearance may differ from what you see on your screen because of the device you use to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to how they are displayed in our online stores.

Product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Botiboty reserves the right to accept or reject your order for any reason, at its discretion. Your order is only considered accepted once Botiboty has confirmed it in writing. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as Botiboty may be unable to accept cancellation requests once an order has been confirmed. If we reject, modify, or cancel your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided at checkout.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy [[LINK]].

You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect when the order is placed and will appear in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling charges, customs duties, or import fees.

Prices displayed in our online stores may differ from those offered in our physical stores or on third-party online platforms. From time to time, we may offer promotions through the Services that affect prices and are governed by terms separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and card expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete; (ii) you are authorised to use the card for the purchase; (iii) the charges incurred will be honoured by your card issuer; and (iv) you will pay the charges at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures, or events beyond our control. Once the products are handed over to the carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, brand names, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Botiboty, its affiliates, or its licensors. They are protected by US and foreign patent, copyright, and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing grants you a licence or other right to any patent, trademark, copyright, or other intellectual property belonging to Botiboty, Shopify, or a third party. Unauthorised use of the Services may violate federal and state intellectual property laws. Botiboty reserves all rights not expressly granted in these Terms.

Botiboty’s names, logos, product and service names, designs, and slogans are trademarks of Botiboty, its affiliates, or its licensors. You may not use them without Botiboty’s prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be given access to customer tools offered by third parties. We do not monitor or control these tools and cannot influence them.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranty, representation, or condition of any kind and without endorsing them. We disclaim any liability arising from or related to your use of optional third-party tools.

You use optional tools offered through the site entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms set by the relevant third-party providers.

We may also offer new features through the Services in the future, including new tools and resources. These features will form part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain material and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party material or websites that you choose to access. If you leave the Services to access such material or websites, you do so at your own risk.

We disclaim responsibility for any harm or damage connected with your access to third-party websites or your purchase or use of products, services, resources, or content on those websites. Please review third parties’ policies and practices carefully and make sure you understand them before completing a transaction. Claims, complaints, concerns, or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Botiboty is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made through our store are conducted directly with Botiboty. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Botiboty, including any damage, harm, or loss arising from purchased products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Botiboty.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here. Some personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and with third parties who may be located in countries other than your country of residence so that the Services can be provided. Please see our Privacy Policy for more details about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial purposes. For example, we may use this licence to operate, provide, evaluate, improve, and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting it; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay you for it, or (3) respond to it.

We may, but are not required to, monitor, edit, or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes a party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, data protection, privacy, or other personal or property rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim any responsibility or liability for Feedback posted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating, for example, to product descriptions, prices, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders if information is inaccurate, at any time and without prior notice, including after you have submitted an order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a way that infringes the intellectual property rights of Botiboty, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or prejudice any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse content that does not comply with these Terms; (g) to transmit or cause the transmission of advertising or promotional material, including spam, chain letters, junk mail, or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in conduct that may restrict or interfere with another person’s use or enjoyment of the Services or that, in our judgment, may harm Botiboty, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any other automated or manual means to access the Services; or (f) interfere with, circumvent, or disable security or authorisation features, robots exclusion headers, or other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated these Terms.

SECTION 14 – AGENTS

14.1 This section (the “Agent Terms”) applies if you use, authorise, enable, or cause an Agent to access, use, or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or on the instructions of, a person or entity and that may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements in Section 14.4 below. In addition, an Agent may not access, use, or interact with any service if we have instructed that Agent not to do so.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) indicate in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) imitating human behaviour or interaction patterns or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether an interaction comes from a human or a computer; and (iv) not circumvent or evade measures intended to block, limit, modify, or control Agent access, use, or interactions with the Services.

SECTION 15 – TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general information purposes only. We do not guarantee its accuracy, completeness, or usefulness. Any reliance you place on it is strictly at your own risk. We disclaim responsibility and liability for any consequences arising from its use by you, any other visitor to the Services, or anyone informed of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, SAVINGS, OR DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THEM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERROR OR OMISSION IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Botiboty, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any third-party loss, damage, liability, or claim, including reasonable legal fees, arising from (1) your breach of these Terms of Service or any documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a failure to notify you promptly will not release you from your obligations unless it materially prejudices you. We may manage the defence and settlement of a claim at your expense, including selecting legal counsel, but we will not settle a claim that imposes non-monetary obligations on you without your consent, which you may not unreasonably withhold. You will cooperate in the defence of covered claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a finding will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we publish on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They replace any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including previous versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without authorisation will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service, and any separate agreement under which we provide you with the Services, will be governed by and interpreted in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Botiboty has its registered office. You and Botiboty expressly consent to the personal and territorial jurisdiction of those courts.

SECTION 23 – HEADINGS

The headings in this agreement are included for convenience only and do not affect or limit the interpretation of these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You may review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes your acceptance of them.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at bonjour@botiboty.com.

Our contact details are:

Botiboty
bonjour@botiboty.com
368 route de Varennes
21200 Beaune, France
SIRET: 890 543 143 00014