These terms and conditions regulate the business relationship between you and us. By using Bottle Bazaar in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase personalised wines. We look forward to seeing you again when you are over 18.
We are: Bottle Bazaar Ltd
Our trading address is: 5 Delius Road, Biggleswade, Bedsfordshire, SG18 8UA
Our registered office is: 1 Brewers Hill Road, Dunstable, Bedfordshire, LU6 1AA
VAT Registration No: 193 9499 41
You are: a visitor to Bottle Bazaar / our customer
Bottle Bazaar is: www.bottlebazaar.co.uk
The terms and conditions:
In this agreement:
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means the textual, visual or aural content that is encountered as part of your experience on Bottle Bazaar. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Created Work”means original work/photos created by you in any medium and sent to us with a view to our using it to decorate / to enhance / to improve / as an option / on our personalised wines.
“Designer” means a person who submits a design to us with a view to our selling Products containing all or part of that design.
"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, Know-how, together with all rights which are derived from those rights.
“Bottle Bazaar” means the entire computing hardware and software installation that is or supports Bottle Bazaar.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Bottle Bazaar, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
“Products” means any of the Products we offer for sale on Bottle Bazaar, or, if the context requires, Products we sell to you.
In this agreement unless the context otherwise requires:
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 Any obligation of any person arising from this agreement may be performed by any other person;
2.5 In this agreement references to a party include references to a person to whom relevant rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 All money sums mentioned in this agreement are calculated with VAT
2.8 A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.9 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Bottle Bazaar.
2.10 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3 Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 Because we rely on our suppliers, we do not guarantee that Products advertised on Bottle Bazaar are available.
3.4 We may change these terms from time to time. The terms that apply to you are those Posted here on Bottle Bazaar on the day you order Products. We advise you to print a copy for your records.
3.5 If in future, you buy Products from us under any arrangement which does not involve your payment via Bottle Bazaar, these terms still apply so far as they can be applied.
4 Our contract with you as a Designer of your Created Work
This and the following paragraph apply only to our relationship with someone who offers work to us, for us to use in the production of any Product.
4.1 You may submit any number of photo’s to us for us to use as part of your personalised wine. The procedure for submitting photo’s is set out on Bottle Bazaar.
4.2 We are under no obligation to accept a photo you submit.
4.3 You confirm that your photo has been created by you and that you own all rights in it.
4.4 We are entitled, but not obliged, to check any aspect of your photo and to refuse to use it without giving you a reason. But if we do give you a reason, you accept that we have total discretion and that you may not challenge the reason we have given.
5 Terms of your licence to us of your photos
5.1 Your submission to us of a photo constitutes an offer to grant a licence to us in the terms of this paragraph. If we use your photo, we are deemed to have accepted your offer.
5.2 The licence is in exchange for the satisfaction you will obtain for our using your work.
5.3 The licence shall be:
5.3.1 free of charge;
5.3.2 perpetual and exclusive;
5.3.3 for use throughout the World;
5.3.4 for use or resale by us or any person with our authority;
5.3.5 fully assignable and sub-licensable;
5.3.6 such that we may incorporate all or part of your photo in any other work;
5.4 We are under no obligation to recognise your author’s rights or to acknowledge your authorship in any way.
5.5 We are under no obligation to protect your photo.
6 Acceptance of your order
6.1 Your order is an offer to buy from us. When we receive your order we will send you an acknowledgment by email detailing the products you have ordered. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason. Please note that your completion of the online checkout process does not constitute our acceptance of your order.
If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made.
6.2 Occasionally, we may not be able to accept an order for the following reasons:
6.2.1 If we do not have your chosen goods in stock
6.2.2. Where we cannot obtain authorisation for your payment
6.2.3 If there has been a pricing error
6.2.4 If the order for personalised products contains reference to any copyrighted information where you have not obtained permission
6.2.5 Due to the Licensing Act 2003, we cannot sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that both you and the person the order is sent to are aged 18 years or over.
6.2.6 If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous,inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, we reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
7 Price and Payment
7.1 It is possible that the price may have increased from that posted on Bottle Bazaar. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
7.2 Prices include UK value added tax.
7.3 If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged.
7.4 If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
7.5 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
7.6 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
7.7 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a our checkout page of Bottle Bazaar before we ask you to pay.
7.8 If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
8 Security of your credit card
8.1 We take care to make Bottle Bazaar safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
9 Consumer protection: cancellation and exclusions
The option to cancel your order is not usually available due to your gift being made to your specification but if you call us within one hour of payment being processed on 0844 549 9060 we will do our best to accommodate you. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.
If you have placed an order that includes a corporate or bespoke label design and design has begun and you then wish to cancel your order, a fee of £50 will be charged per design supplied.
Emails are answered in the order they are received during business hours (Monday-Friday 0900-1730). It is therefore possible that your order could begin production before your email is processed and we will be unable to make any changes.
Bottle Bazaar will always try to send your products in perfect condition. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, please contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
9.1 To assist us in identifying your Products on receipt by us, we ask you to telephone 0844 549 9060 for a returns reference to be included in your return.
9.2 If you fail to return the Products, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
9.3 We will refund your money within 14 days of receipt by us of the returned Products.
9.4 The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in all of the Products we sell. You alone must decide whether a Product is suitable for your requirement.
9.5 This paragraph does not affect your rights in the event that the Products are faulty.
10.1 Deliveries will be made by the Carrier to the address stipulated in your order. We are not responsible if the customer completes an incorrect address on their order. You must ensure that someone over the age of 18 is present to accept delivery.
10.2 If we are not able to deliver your Products with in 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
10.3 We may deliver the Products in installments if they are not all available at the same time for delivery.
10.4 All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
10.5 Signing "Unchecked", "Not Checked" or similar is not acceptable.
11 Liability for subsequent defects
11.1 We will replace Products which fail to comply with the provisions of the Sale of Products Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:
11.1.1 the defect must be reported to us within four weeks of becoming apparent;
11.1.2 the defect results only from faulty design or manufacture;
11.1.3 you have returned the defective Products or parts to us if we have so requested.
11.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Products free of charge.
11.3 If we replace Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
12 Products returned
These provisions apply in the event that you return any Products to us for any reason:
12.1 We do not accept returns unless you buy as a Consumer, or there was a defect in the Products at the time of purchase, or we have agreed in correspondence that you may return them.
12.2 The Products must be returned to us as soon as any defect is discovered.
12.3 So far as possible, Products should be returned:
12.3.1 with both Products and all packaging as far as possible in their original condition;
12.3.2 securely wrapped;
12.3.3 including our delivery slip;
12.3.4 at your risk and cost.
12.4 You must tell us by email message to email@example.com you that you would like to return Products, specifying exactly what Products and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Products to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
12.5 In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
12.6 If we agree that the item is faulty, we will:
12.6.1 refund the cost of return carriage;
12.6.2 replace the item as we choose.
13.1 Conditions, warranties or other terms implied by the law of any country other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
13.2 We or our Content suppliers may make improvements or changes to Bottle Bazaar, the Content, or to any of the Products, at any time and without advance notice.
13.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
13.4 We give no warranty and make no representation, express or implied, as to:
13.4.1 the quality of the Products;
13.4.2 any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;
13.4.3 the correspondence of the Products with any description;
13.4.4 the adequacy or appropriateness of the Products for your purpose;
13.4.5 the truth of any Content on Bottle Bazaar;
13.4.6 compliance with any law;
13.4.7 non-infringement of any right.
13.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Bottle Bazaar or the purchase of Products.
13.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Products or services you have purchased.
14 Your account with us
14.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
14.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
14.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
15 Content you Post to Bottle Bazaar
15.1 You agree that you will not use or allow anyone else to use Bottle Bazaar to Post Content which is or may:
15.1.1 be malicious or defamatory;
15.1.2 consist in commercial audio, video or music files;
15.1.3 be software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
15.1.4 be illegal, obscene, offensive, threatening or violent;
15.1.5 be sexually explicit or pornographic;
15.1.6 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
15.1.7 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
15.1.8 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
15.1.9 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
15.1.10 solicit passwords or personal information from anyone;
15.1.11 be used to sell any Products or services or for any other commercial use;
15.1.12 be used to send any communication by automated email or otherwise;
15.1.13 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
15.1.14 be incomplete or inaccurate or submitted otherwise than as requested by Bottle Bazaar;
15.1.15 request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.
15.1.16 link to any of the material specified above, in this paragraph.
16 Other restrictions
You agree that you will not use or allow anyone else to use Bottle Bazaar:
16.1 to sell or promote any product or service without our express written consent;
16.2 in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
16.3 for spamming. Spamming includes, but is not limited to:
16.4 sending unsolicited messages in bulk, or the sending of unsolicited emails which provoke complaints from recipients;
16.5 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
16.6 excessive and repeated Posting off-topic messages to newsgroups;
17 About Content Posted by you
You now confirm that:
17.1 you own all of the Content you Post;
17.2 you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
17.3 you will immediately notify us of any security breach or unauthorised use of your account.
17.4 you accept all risk and responsibility for determining whether any Created Work is in the public domain and not confidential.
17.5 you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on Bottle Bazaar, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
17.6 you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright, Designs and Patents Act 1988 s80.
17.7 [you now irrevocably authorise us to publish feedback, comments and ratings about your activity through Bottle Bazaar, even though it may be defamatory or critical.]
17.8 you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Content Posted by you.
18 Removal of offensive Content
18.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Bottle Bazaar for any purpose.
18.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
18.3 If you are offended by any Content, the following procedure applies:
18.3.1 Your claim or complaint must be submitted to us by email.
18.3.2 we shall remove the offending Content as soon as we are reasonably able;
18.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
18.3.4 we may re-instate the Content about which you have complained or not.
18.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
18.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
19 Security of Bottle Bazaar
If you violate Bottle Bazaar or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the United Kingdom Computer Misuse Act 1990. Your action may be unlawful in some country, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
19.1 modify, copy, or cause damage or unintended effect to any portion of Bottle Bazaar, or any software used within it.
19.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
19.3 download any part of Bottle Bazaar, without our express written consent;
19.4 collect or use any product listings, descriptions, or prices;
19.5 collect or use any information obtained from or about Bottle Bazaar or the Content except as intended by this agreement;
19.6 aggregate, copy or duplicate in any manner any of the Content or information available from Bottle Bazaar, other than as permitted by this agreement or as is reasonably necessary for your use of Bottle Bazaar;
19.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
19.8 use Bottle Bazaar to hack into the computer of any other person or make contact with any other computer;
19.9 make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
19.10 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
19.11 upload or republish any part of our Content on any Internet, intranet or extranet site.
19.12 hide or remove banner advertisements on any page of Bottle Bazaar;
19.13 share with a third party any login credentials to Bottle Bazaar;
19.14 use on Bottle Bazaar software which assists in:
19.14.1 data mining, extraction or collection;
19.14.2 emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Bottle Bazaar;
19.14.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
19.14.4 performing any automated operation;
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
19.15 Despite the above terms, we now grant a licence to you to:
19.15.1 create a hyperlink to Bottle Bazaar for the purpose of promoting an interest common to both of us. you can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. you may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
19.15.2 you may copy the text of any page for your personal use in connection with the purpose of Bottle Bazaar.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your Posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
21 Intellectual Property
21.1 We will defend the intellectual property rights in connection with our Products and Bottle Bazaar, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
21.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
21.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
21.4 You may not store electronically any significant portion of any Content.
22 Miscellaneous matters
22.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
22.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
22.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
22.4 Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those Products or that service.
22.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
22.6 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
22.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
22.8 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender
22.9 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
22.10 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
22.11 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control , including any labour dispute between a party and its employees.
22.12 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
22.13 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.