terms of sale

Last updated on November 17, 2021

1. These terms

What these terms cover. These are the terms and conditions on which we supply physical products purchased by you via claiming an NFT Voucher on the Portal Claim Website (https://app.bosonportal.io) (the “Portal Claim Website”)

Please also read the following:
     a) The Portal Terms and Conditions https://www.bosonportal.io/terms-conditions
     b) The Portal Privacy Policy:  https://www.bosonportal.io/privacy-policy.

2. Information about us and how to contact us

Who we are. We are BMall Limited (“BMall”, “we”, “us”, “our”), a company registered in the British Virgin Islands. Our company registration number is 2079968 and our registered office is at Floor 4, Banco Popular Building, Road Town, Tortola, VG1110, British Virgin Islands.

We are here to help. Please get in touch at info@bosonportal.io or through our Portal Claim Website chat.

How we may contact you. We may get in touch by email using the email address you have given us or through our Portal Claim Website chat.

3.  Definitions and interpretation

     a) These words have the following meaning when used in these Terms:

Claim: when you exchange your NFT Voucher for the relevant Goods.

Commit: when you sign a commit transaction for an offer in the Portal environment in Decentraland.

Buyer Deposit: the commitment from you to exchange an NFT Voucher for the relevant Goods. If you do not follow through with your commitment to exchange, by Revoking or letting the relevant NFT Voucher expire, it will result in the loss of the Buyer Deposit.

Customer Payment: the total amount paid by you in respect of the price of the relevant Goods plus the Buyer Deposit.

Goods: the products that we are selling to you as set out in the Order.

NFT Voucher: the representation of the right to receive the relevant Goods that have been offered by us and committed to by you.

Order: your order for the Goods.

Portal: the Portal space in the Decentraland scene.

Revoke: means, in respect of:-
(i) you as the customer: default on your commitment to exchange the NFT Voucher for the goods in question, at no fault of us as the seller, by either failing to exchange during the relevant validity period or triggering “Revoke” within the Portal Claim Website.

(ii) us as the seller: the default by us on our commitment to exchange an NFT Voucher, at no fault of yours.

Seller Deposit: a commitment from us as the seller to exchange an NFT Voucher for relevant Goods.

Terms: the terms and conditions set out in the Portal Terms of Sale.

     b) Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4.  Our contract with you

a) Committing to an NFT Voucher


You will receive an NFT Voucher through the following process:-
1. You Commit to a seller's offer on the Portal in Decentraland for the amount of the Customer Payment.
2. The Customer Payment is locked in a smart contract.
3. The Seller Deposit is also locked in a smart contract.
4. You receive an NFT Voucher.

b)   An NFT voucher can either be Revoked or Claimed

Revoke

If you Revoke an NFT Voucher, this will result in the return of the Customer Payment minus the Buyer Deposit to you.  This amount will be returned within 1 day.

If we as the seller Revoke, this will result in the return of the Customer Payment plus the Seller Deposit to you. This amount will be returned within 20 days.

Claim

You can Claim by going to the Portal Claim Website and follow the instructions to ‘Claim’.

You must pay attention to the “voucher expires” date, which specifies the point in time at which the NFT Voucher expires and can no longer be exchanged for the relevant Goods.

c)  Order submission. Your Order will be submitted when you Claim your NFT Voucher on the Portal Claim Website for the relevant Goods.  

d)  Order acceptance. We will confirm if your Order has been accepted by us through our Portal Claim Website chat (or otherwise as notified by us to you) within 7 days of your Order.  At the point of our confirmation, a contract will come into existence between you and us.

e)  If we cannot accept your order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Goods and you will receive the Customer Payment and the Seller Deposit. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to ship delivery to your jurisdiction or to you.  

5. Our products

Products may vary slightly from their pictures or 3D imagery displayed on the Portal. The images of the products within the Portal and/or the Portal Claim Website are for illustrative purposes only. Although we have made every effort to display the product accurately, we cannot guarantee the product as shown on your device is completely representative of the real product. Your product may vary slightly from those images.

6.  Delivering the products

6.1 Delivery costs. Delivery cost is included in the Customer Payment.

6.2 When we will provide the products. We will deliver the Goods to you as soon as reasonably possible and in any event we will notify you of the estimated delivery date on the Portal Claim Website.

6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, please follow any instructions left by the delivery company or get in touch with us.

6.5 If you do not re-arrange delivery. If you do not rearrange for another delivery or if, after a failed delivery to you, you do not collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9.1 will apply.

6.6 When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver them to the address you gave us.

6.7 When you own Goods. You will own the Goods once we have received payment in full.

6.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you (e.g. required Know Your Customer compliance check). If so, this will have been stated in the Portal Claim Website or you will be notified by us. If you do not give us this information, or if you give us incomplete or incorrect information, we may end the contract (and Clause 9.1 will apply). We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need.

6.9 Reasons we may change products or suspend the supply of products to you. We may have to change products or suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; and (b) update the product to reflect changes in relevant laws and regulatory requirements.

6.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than ninety days, you may contact us to end the contract and we will refund any sums you have paid in advance for the product.

7.  Your rights to end the contract

7.1 You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

     a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 10;

     b) If you have just changed your mind about the product, see Clause 7.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.

7.2 Exercising your right to change your mind. For most products bought online, you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 and the EU Consumer Rights Directive, are explained in more detail in these Terms.

7.3  How long do I have to change my mind? With all Goods purchased from us, you have fourteen (14) days starting with the day after you (or someone you nominate) receives the Goods, unless:

     a) Your Goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you receive the last delivery to change your mind about the Goods.

     b) Your Goods are for regular delivery over a set period.  In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the first delivery of the Goods.

8.  How to end the contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please contact us using the details at Clause 2 or use the cancellation form set out in Appendix A. Please provide your name, home address, details of the Order and, where available, your phone number and email address.

8.2 Returning products after ending the contract. If you end the contract for any reason after the relevant Goods have been dispatched to you or you have received them, you must return them to us. Please contact us using the details at Clause 2 for return instructions.  If you are exercising your right to change your mind, you must send off the Goods within fourteen (14) days of telling us you wish to end the contract.

8.3 Condition of returned item.  Any item you are returning for an exchange, refund or credit note must be in an unused condition and in the exact original packaging the item was delivered in, otherwise we reserve the right to make a deduction in accordance with Clause 8.6.

8.4 When we will pay the costs of return.
We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

8.5  How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:-

a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unacceptable way; and

b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer a premium delivery option at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.7  When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then, your refund will be made within fourteen (14) days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address; or (b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from the delivery depot. If we end the contract in the situations set out in this clause, we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing a product. We will let you know at least seven (7) days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

10. If there is a problem with the product

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the details at Clause 2 above. We are under a legal duty to supply products that are in conformity with this contract.

10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us. Please contact customer services using the details set out in Clause 2 above for return instructions.

11. Price and payment

11.1 Where to find the price for the product. The price of the product (which includes VAT if you are based in the UK) will be the price indicated to you before you Commit to the relevant NFT Voucher on Portal in Decentraland. We use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the product you order.

IMPORTANT ABOUT CUSTOMS: If you are based outside the UK, you may also have to pay import duty or other taxes, fees or charges applied by customs or other authorities in the country of receipt. You must comply with all laws and regulations of the country in which you are receiving the Goods. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. If you are unsure about whether these charges might apply to your Order, you should contact your local tax or customs office for further information.

11.2 What happens if we get the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.

11.3 When you must pay and how you must pay. Details of the methods of payment we accept and when you must pay will be indicated to you before you Commit to the relevant NFT Voucher on Portal in Decentraland.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.  How we may use your personal information

We will only use your personal information as set out in our Privacy Policy https://www.bosonportal.io/privacy-policy.

14.  Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another entity.

14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.  Manufacturer warranty

Some of the Goods we sell come with a manufacturer's warranty. As a consumer, a manufacturer's warranty is in addition to your legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Consumer Service (www.adviceguide.org.uk) or the EU Consumer Protection directive.

16.  Promotions

All promotional offers and/or discount vouchers and/or free gifts (Promotions) are subject to the terms and conditions which will be issued at the time of a Promotion’s launch.  To the extent of any conflict between the terms and conditions which apply to any specific Promotion and these Terms, the terms and conditions which apply to any specific Promotion will prevail.

Appendix A - Order Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),
Date

[*] Delete as appropriate