Terms & Conditions

This page (together with our privacy policy) tells you information about us and the legal terms and conditions (Terms) on which we sell subscriptions for the delivery of wine (Products) listed on our website [https://www.bottlwine.co.uk/] (together our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 6 (“Our Right To Vary these Terms”). Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10 February 2021. 

1. INFORMATION ABOUT US

1.1 Bottl welcomes you. We operate the site. We are Bottl Wine LTD, a company registered in England and Wales under company number 12555823 and with our registered office at 124 Clive Road, London, England, SE21 8BP (“Bottl”, “we”, “us” or “our”).  

1.2 You can contact us by sending an email to hello@bottlwine.com. 

1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.  When we use the words “writing” or “written” in these terms, this includes emails.

2. HOW WE USE YOUR PERSONAL INFORMATION

2.1 We only use your personal information in accordance with our privacy policy. Please take the time to read our privacy policy, as it includes important terms which apply to you.

3. THESE TERMS

3.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 

3.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

3.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

3.4 If you do not agree to any of these terms, then please do not use the Bottl website and/or the Bottl Platform. 

3.5 We only sell products to adults aged 18 or older, who may subscribe or purchase Wine with a payment card or other approved payment method. By agreeing to these Terms and Conditions, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Wine as described in these Terms and Conditions.

3.6 Capitalised terms shall have the meanings ascribed to them below or elsewhere in these Term and Conditions:

“Customers”means Subscribers and Buyers; 
“Wine”means Wine listed or otherwise made available for subscription or   sale over the Bottl Platform. 
“Subscriber”means any person signing up as a registered account holder on the Bottl Platform; and
“Visitor”means any person accessing the Bottl Website. 

4. USE OF OUR SITE

4.1 The Bottl Website facilitates the purchase of Wine. Once a Customer has identified a Wine the Customer wishes to buy, the Customer can purchase that Wine through the Bottl Platform.

4.2 Access to the Bottl Platform is offered to those who register on the Bottl Platform (“Subscribers”). Following registration, all Subscribers will have a unique login ID and password which can be used to access the Bottl Platform.

4.3 We provide Visitors and Subscribers with access to the Bottl Website and/or the Bottl Platform as described below.

4.4 Visitors. Visitors are people who do not register with us, but want to explore the Bottl Website. No login ID is required for Visitors. Visitors can:

          (i)    View all publicly available content on the Bottl Website; and 

          (ii)   E-mail us via the Bottl Platform. 

4.5 Subscribers. Login and payment details are required for all Subscribers to access the Bottl Platform. Subscribers can do all things that Visitors can do and are also able to:

          (i)    search, as a Customer, the available Wine; 

          (ii)   message us about Wine; and 

          (iii)  submit requests to purchase Wine. 

4.6 Bottl is under no obligation to accept any individual as a Subscriber and may accept or reject any registration in its sole and complete discretion. In addition, Bottl reserves the right to deactivate any account at any time, including, without limitation, if it determines that a Subscriber has violated these Terms and Conditions.

RIGHT TO USE THE BOTTL WEBSITE/PLATFORM

4.7 Subject to these Terms and Conditions, Bottl grants Visitors and Subscribers (as applicable) during the term of these Terms and Conditions a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Bottl Website / Platform for personal use. Visitors and/or Subscribers (as applicable) will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Bottl Website/Platform; or (ii) introduce into the Bottl Website/Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code. If you violate this section, Bottl reserves the right in its sole discretion to immediately deny you access to the Bottl Website/Platform, or any portion of thereof, without notice. Bottl reserves the right to change the availability of any feature, function, or content relating to the Bottl Website/Platform, at any time, without notice or liability to you.

BOTTL WEBSITE/PLATFORM RULES 

4.8 By visiting the Bottl Website and/or using the Bottl Platform, you hereby agree to comply with the following rules:

  • You will comply with all applicable laws in your use of the Bottl Website and/or the Bottl Platform and will not use the Bottl Website and/or the Bottl Platform for any unlawful purpose; 
  • You will not access or use the Bottl Website/Platform to collect any market research for a competing business;
  • You will not use any robot, spider, scraper, or other automated means to access the Bottl Website/Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Bottl Website/Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
  • You will not interfere with or attempt to interrupt the proper operation of the Bottl Website/Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.
  • We reserve the right, in our sole and absolute discretion, to deny any person access to the Bottl Website/Platform.

AGE RESTRICTIONS

4.9 Persons under the age of 18 may not use the Bottl Platform or Bottle Website and parents or legal guardians may not agree to these Terms and Conditions on their behalf.  If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child under the age of 18, you are fully responsible for his or her use of the Bottl Website/Platform and the purchase of any Wine, including all legal liability he or she may incur.

INTELLECTUAL PROPERTY

4.10 The Bottl Website and the Bottl Platform contain materials, such as software, text, graphics, images (including any images/photographs that we take of bottles of Wine) and other materials provided by or on behalf of Bottl (collectively referred to as the “Bottl Content”). The Bottl Content may be owned by us or by third parties. The Bottl Content is protected under both United Kingdom and foreign laws. Unauthorised use of the Bottl Content may violate copyright, trademark, and other laws. You have no rights in, or to, the Bottl Content, and you will not use the Bottl Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Bottl Content on any copy you make of the Bottl Content. You may not sell, transfer, assign, license, sublicense or modify the Bottl Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Bottl Content in any way for any public or commercial purpose. The use or posting of the Bottl Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

4.11 If you violate any part of these Terms and Conditions, your permission to access and/or use the Bottl Content and the Bottl Website/Platform automatically terminates, and you must immediately destroy any copies you have made of the Bottl Content.

4.12 The trademarks, service marks, and logos of Bottl (“Bottl Trademarks”) used and displayed on the Bottl Website/Platform are registered and unregistered trademarks or service marks of Bottl. Other company, product and service names located on the Bottl Website and the Bottl Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Bottl Trademarks, the “Trademarks”). Nothing on the Bottl Website/Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Bottl Trademarks inures to our benefit.

4.13 Elements of the Bottl Website/Platform are protected by trademark, unfair competition and other laws of England and Wales (and elsewhere) and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Bottl Content may be retransmitted without our express, written consent for each and every instance.

4.14 If you believe that your content has been copied on the Bottl Website/Platform in a way that constitutes copyright infringement, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the Bottl Website/Platform where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by  you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

EXTERNAL SITES

4.15 The Bottl Website/Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.

COMPLIANCE WITH APPLICABLE LAWS

4.16 The Bottl Website and the Bottl Platform are based in the United Kingdom. We make no claims concerning whether the Bottl Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the Bottl Website, the Bottl Platform or the Bottl Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

COPYING AND REPRODUCING BOTTL WEBSITE

4.17 You are permitted to use the Bottl Website for your own purposes and to print and download material from this Bottl Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our written permission

BOTTL WEBSITE UPTIME

4.18 We take all reasonable steps to ensure that the Bottl Website/Platform is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will not be liable if this website is unavailable at any time.

4.19 The Bottl Website/Platform may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Visitors and Subscribers advance warning of maintenance issues but shall not be obliged to do so.

5. ALLERGIES AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 We offer subscription for wine to be delivered to you. Upon delivery it is your responsibility to check our packaging to ensure that the Product does not contain a relevant allergen to you. All of the packaging for our Products are labelled to show any allergen advice, but please note that our Products may contain allergens including sulfite. Please contact us directly at hello@bottlwine.com for any queries. If you suffer from serious allergies then please contact us before making an order. Bottl will not be held liable for any allergic reactions as a result of consumption. 

5.2 When you make an order you are signing up for the delivery of wine, the frequency of which you choose. 

5.3 Our order pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

5.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 5.5. 

5.5 We will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted. The Contract between us will only be formed when we send you that email. 

5.6 If we are unable to supply you with a Product for any reason we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged within as soon as reasonably possible. 

6. OUR RIGHT TO VARY THESE TERMS

6.1 We amend these Terms from time to time. Please refer to the top of this page to see when these Terms were last updated.

6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3 We may revise these Terms as they apply to your order from time to time, or suspend our supply of Products to you, under the following circumstances:

  • To deal with technical problems or make minor technical changes;
  • Changes in relevant laws and regulatory requirements; or
  • Updates or other changes to the Products.

6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. 

7. PRODUCTS AND DELIVERY

7.1 Please note that Products may vary slightly from the images used on our site, which are for illustrative purposes only.  

7.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 (“Events Outside Our Control”) for our responsibilities when this happens.

7.3 Delivery shall be completed when we deliver the Products to the address you gave us (or you, or a carrier organised by you) and you will become responsible for Products at the time of that delivery. 

7.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

7.5 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or 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 in respect of those Products in which case we may deduct reasonable compensation from any monies refunded to you for the net costs we will incur as a result.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Product(s) you have ordered.

8.2 Prices for our Products may change from time to time, but such changes will not affect any order you have already placed. Bottl reserves the right to alter the Purchase Price or availability of any particular Wine at its discretion and without notice.

8.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 

8.4 The price of a Product does not include any applicable delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

8.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly 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 cancel supply of the Product and refund you any sums you have paid.

9. HOW TO PAY

9.1 You can pay for Products using certain debit or credit cards as indicated on our site. 

9.2 Payment for Products and all applicable delivery charges is in advance. We will not dispatch any goods until we have received your payment in full.

10. RETURNS

10.1 If you have made a purchase order and decide to return the Wine you have purchased, you must notify Bottl of such decision within a period of 24 hours from the date of your receipt and you have 14 days to return the relevant Wine. You must then return the relevant Wine, at your expense, to Bottl and provide a tracking number. On receipt of the relevant Wine, Bottl will then issue you a full refund of the Purchase Price of the Wine, so long as the Wine or packaging, in our sole discretion, has not been damaged.

10.2 Returns will not be accepted, and refunds will not be issued, if Bottl determines, in its sole discretion, that the relevant Wine has been damaged or otherwise in a worse condition than they were in when dispatched by Bottl.

10.3 All returns to Bottl should be dispatched using a track able method of delivery. If a track number cannot be provided and the return is not received by Bottl, the customer will be liable for the full replacement value of the Wine.

11. LIMITATION OF LIABILITY

 11.1 Bottl shall not be held liable for any:

  • Loss of, or damage to, the Wine once it becomes the Buyer’s property; or
  • Personal injury or death of the Buyer except to the extent that this was due to Bottl’s negligence.

11.2 The Bottle Website, The Bottl Platform, and the Bottl content are provided on an “As Available” basis without any warranties of any kind, save as expressly set out in these terms and conditions. 

11.3 In connection with any warranty, contract, or common law claims:

  • Bottl shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Bottl website, even if Bottl has been advised of the possibility of such damages; and
  • Any direct damages that you may suffer as a result of your use of the Bottl website, the Bottl platform shall be limited to the monies you have paid us in connection with your use of the Bottl platform during the three (3) months immediately preceding the events giving rise to the claim.

11.4 The Bottl website and the Bottl platform may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors listed on the Bottl website and the Bottl platform. The Bottl website and the Bottl platform may contain information on types of wine that are not available in every location. A reference to a wine on the Bottl platform does not imply that such wine is or will be available when you would like to buy it. We reserve the right to make changes, corrections, and/or improvements to the Bottl website and the Bottl platform at any time without notice.

12. YOUR RIGHT TO END THE CONTRACT

12.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

13. OUR RIGHT TO TERMINATE THE CONTRACT

13.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Bottl Website and/or the Bottl Platform, at any time and for any reason without prior notice or liability. 

13.2 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 you do not make any payment to us when it is due.

13.3 You must compensate us if you break the contract. If we end the contract in the situation set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13.4 We may withdraw the product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 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.

14. IF THERE IS A PROBLEM WITH THE PRODUCT

14.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email: hello@bottlwine.com 

14.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

15. OUR LIABILITY

15.1 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. 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.

15.2 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 including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

15.3 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 re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.4 Subject to clauses 15.1 and 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

16. EVENTS OUTSIDE OUR CONTROL

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.  

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, government lockdown,  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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • We will contact you as soon as reasonably possible to notify you; and
  • Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our supply of Products to you, we will arrange a new supply date with you after the Event Outside Our Control is over. 

16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

17. MISCELLANEOUS

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 

17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

17.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.

17.8 We both agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

17.9 Company Registration Information. © 2020 BOTTL WINE LIMITED. All rights reserved. Registered in England No. 12555823, 124 Clive Road, London, England, SE21 8BP. No parcels will be accepted at this address and any returns and incorrect shipping will be at cost to the sender. 

All rights reserved