Terms of Purchase

LAST UPDATED: June 12th, 2023

These Terms of Purchase (“Terms”) are between Bottango, LLC (“Bottango”) and any person or entity who purchases Bottango Products (as defined below). These Terms are effective when you agree to these Terms by clicking a button or checking a check box indicating your agreement on an ordering page linking to these Terms. Your access to and use of the Bottango website is also subject to the Bottango Terms of Use (http://www.Bottango.com/terms) and Bottango Privacy Policy (http://www.Bottango.com/privacy). Your access to and use of Bottango Software is governed by the Bottango Beta/Trial End User License Agreement (“EULA”) (http://www.Bottango.com/EULA).

  1. DEFINITIONS

    1. “Bottango Animatronic Kit” means a kit sold by Bottango consisting of physical and electronic animatronic hardware components.

    2. “Bottango File” means any electronic file provided or made available to you by Bottango for use in the creation of physical parts (e.g., CAD models).

    3. “Bottango Parties” means the officers, members, employees, agents, and representatives of Bottango.

    4. “Bottango Products” means the products sold by Bottango through the Bottango Store, including but not limited to Bottango Animatronic Kits and Bottango Files.

    5. “Bottango Software” means the Bottango software for animatronic control.

    6. “Bottango Store” means the Bottango online store accessible at Bottango.com/XXX.

    7. “Purchase Terms” means these Terms of Purchase.

    8. “Terms of Use” means the Bottango Terms of Use (http://www.Bottango.com/terms) governing access and use of the Bottango Site.

    9. “You”/“you” or “Your”/“your” means you, the person or entity purchasing a Bottango Product.

  2. AVAILABILITY; PRODUCT INFORMATION.

    1. Availability. The purchase of Bottango Products is subject to availability. If Bottango advises you that a Bottango Product is no longer available, Bottango will have no obligation to fulfill your order and you will have no obligation to pay for the order. Bottango currently only ships products to addresses in the United States.

    2. Product Information. Bottango makes reasonable efforts to maintain up-to-date and accurate pricing, availability, and other information about the Bottango Products. However, Bottango will not be responsible for any pricing, typographic, or other product information errors published on the Bottango Store. BOTTANGO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE BOTTANGO STORE. Bottango may modify product information, including without limitation prices, at any time without notice to you.

  3. PURCHASES.

    1. Eligibility. You must be at least 18 years old to make purchases from Bottango. By making a purchase from Bottango, you represent and warrant to Bottango that you are at least 18 years old.

    2. Orders; Bottango Store. Orders for Bottango Products may be submitted through the Bottango Store. The Bottango Store is hosted and operated by Shopify Inc. Shopify provides us with an online e-commerce platform that allows Bottango to sell the Bottango Products to you.

    3. Acceptance. All advertisements for Bottango Products on the Bottango Store are invitations to purchase Bottango Products and not offers to sell. Receipt of an order will be confirmed via email to the email address provided by you. Any such email is a confirmation that your order has been received by Bottango but does not constitute acceptance of the order. Bottango reserves the right, in its sole discretion, to accept or reject an order for any reason. Acceptance or rejection of an order will be confirmed by email to the email address provided by you. If Bottango rejects an order, Bottango will have no obligation to fulfill your order and you will have no obligation to pay for the order.

  4. PAYMENT.

    1. Payment Amount. The price of Bottango Products, applicable taxes, and any applicable shipping and handling costs shall be set forth on an online order confirmation page prior to finalizing a purchase. Sales taxes, or other taxes, customs, duties, or similar governmental charges imposed on your purchase, including, without limitation, sales, use or value-added taxes (“Taxes”) are not included in the price of the Bottango Products. You are responsible for paying any such Taxes. All amounts payable are in United States dollars.

    2. Payment Method; Billing Information. All purchases must be made by valid debit or credit card or other method identified on the Bottango Store. You agree to provide our third-party payment processor with accurate contact and billing information and to update it so that it remains accurate. If the billing information you provide is not up to date or accurate, your payment method is declined, or our third-party payment processor cannot process a payment for any other reason, we may cancel your order.

  5. SHIPPING; ORDER CANCELLATION; RETURNS

    1. Shipping. Bottango Products are currently available for shipping only within the United States. Unless otherwise expressly stated at the time of purchase, shipping times and delivery dates are estimates only and are not guaranteed.

    2. Order Cancellation. You may cancel an order (and shall not be charged or, if previously charged, receive a full refund) at any time prior to the order entering the shipping process by contacting us at CancelOrder@Bottango.com.

    3. Returns.

      1. 5.3.1.Damaged Bottango Products. You should promptly examine your order upon delivery. If a Purchased Bottango Product is damaged upon delivery, you may contact Bottango within fifteen (15) days of your receipt of the Bottango Product. A Bottango Product that is damaged after your receipt of the Bottango Product may not be returned or replaced. Please submit a support request to us at OrderSupport@Bottango.com. We may require photos and other information necessary to validate your damage claim. After validating the claim, Bottango will supply replacement parts that were damaged or inoperable before delivery with no additional payment required from you.

      2. 5.3.2.Undamaged Bottango Products. You may return a purchased Bottango Product that is not damaged or defective upon delivery and that has not been assembled or used within thirty (30) days of your receipt of the Bottango Product and Bottango will issue a refund of the Bottango Product purchase price, less a restocking fee equal to ten percent (10%) of the purchase price, and applicable Taxes. You will remain responsible for the cost of original shipping and return shipping. Bottango is not responsible for lost or damaged Bottango Products in return shipping. The Bottango Product and packaging must be in original condition and unused. Please submit a return request to us at Returns@Bottango.com. Bottango Products must be received within thirty (30) days of the initial return request.

  6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    1. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL BOTTANGO PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS AND LIMITATIONS OF WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    2. Limitation of Liability. IN NO EVENT SHALL BOTTANGO OR THE BOTTANGO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL DAMAGES, LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT BOTTANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BOTTANGO AND THE BOTTANGO PARTIES FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU TO BOTTANGO FOR THE BOTTANGO PRODUCTS OUT OF WHICH SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  7. GENERAL PROVISIONS

    1. Notices. All notices required or permitted under Terms must be delivered in writing by electronic mail and will be effective upon receipt. Notices to You shall be sent to any email address you provide to Bottango. Except as otherwise expressly set forth in these Terms, notices to Bottango shall be sent to: legal@bottango.com. Either Party may, by notice to the other Party given in compliance with this section, change the email address to which such notices are to be given.

    2. Entire Agreement. The terms and conditions of these Terms constitute the entire agreement between You and Bottango with respect to Your purchase of Bottango Products.

    3. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

    4. No Waiver. The failure of Bottango at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Bottango.

    5. Assignment. You may not assign these Terms or any of Your rights hereunder. Bottango may assign these Terms or any of its rights hereunder to any third party, with or without notice to You.

    6. Governing Law; Venue. These terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A. without giving effect to the conflict of laws provisions thereof. Any legal proceedings arising out of or relating to these Terms or your purchase of Bottango Products will be subject to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.