Terms and Conditions
- INFORMATION ABOUT US
www.bardouro.co.uk ("our site") is a site operated by Bottle and Board Limited ("we", "us", "our").
Registered in the UK: No. 09386779
Registered office and main trading address – Mathon Court, West Malvern Rd, Malvern, WR13 5NZ, England
VAT No. 210326467
- APPLICATION OF TERMS
2.1 Subject to any permitted variation, the contract between you and us (the "Contract ") for the sale and purchase of any of our products (the "Products ") shall be on the terms set out in these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Terms and Conditions apply to all our on-line sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. By placing an order on our site you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions.
2.3 Each order placed by you through our site shall be deemed to be an offer by you to buy the relevant Products subject to these Terms and Conditions.
- SERVICE AVAILABILITY
3.1 Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
- YOUR STATUS
4.1 By placing an order through our site, you warrant that:
4.1.1 you are legally capable of entering into binding contracts;
4.1.2 you are at least 18years old;
4.1.3 you are resident in the UK
4.1.4 you are accessing our site from the UK and
4.1.5 you are agreeing to be bound by these Terms and Conditions.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an e-mail once your order and payment have been successfully received (the "Order Confirmation"). The Contract will only be formed when we send you the Order Confirmation. The quantity and description of the Products ordered shall be as set out in the Order Confirmation.
- OUR SITE
6.1. If any Product you have ordered is not available we will contact you with the option of ordering a replacement Product, cancelling your order or waiting until the Product is back in stock.
6.2 We reserve the right to modify, substitute or remove any information on our site without prior notice. Price, Product information and Product availability are all subject to modification from time to time without prior notice.
6.3 All images and text on our site remain the property of Bottle and Board Limited and may not be used without our prior written consent.
- CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Your statutory rights are not in any way affected by these Terms and Conditions. In addition, you are also protected under the Consumer Protection (Distance Selling) Regulations 2000 (www.opsi.gov.uk/si/si2000/20002334.htm) and the Electronic Commerce (EC Directive) Regulations 2002 (www.opsi.gov.uk/si/si2002/20022013.htm).
- AVAILABILITY AND DELIVERY
8.1 We aim to fulfil your order within 3 working days from the date of the Order Confirmation, unless there are exceptional circumstances. Your order shall be delivered to the address provided at the time your order was placed.
8.2 A delivery charge of £15 will be added to all orders placed for delivery to "mainland UK" addresses - as defined by our transport company - placed totalling less than £150.00. For all orders placed totalling £150.00 or more, deliveries to "mainland UK" addresses - as defined by our transport company - are not subject to a delivery charge.
A delivery charge of £23.95 will be added to all orders for delivery to the Scottish Highlands that total less than £250.00. For all orders placed totalling £250.00 or more, deliveries to the Scottish Highlands are not subject to a delivery charge.
We deliver to UK Mainland addresses only.
8.3 We are only able to deliver to UK addresses and our delivery charges relate to delivery to one single UK address. We are unable to split orders to separate addresses.
8.4 Deliveries will only be made between Monday to Friday and between the hours of 7.00am and 6.00pm by a nominated third party courier on our behalf. We are unable to provide specific delivery times. You must ensure that a responsible person is available to accept delivery as the courier will require a signature for all deliveries. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries.
8.5 If for any reason you fail to accept delivery of any Product when they are ready for delivery, or we are unable to deliver the Product on time because you have not provided the correct delivery address or appropriate instructions or no-one was there to accept the delivery at the time notified to you:
(a) risk in the Product shall pass to you;
(b) the Product shall be deemed to have been delivered; and
(c) we may store the Product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
8.6 You must provide at the delivery address and at your expense adequate and appropriate equipment and manual labour for loading the Product.
8.7 Any dates quoted for delivery are intended to be an estimate only and we shall not be liable for any delay in the delivery of Products however incurred. Time for delivery shall not be of the essence. If no delivery date is specified, delivery shall be within a reasonable time.
- RISK AND TITLE
9.1 The Products ordered will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 All prices on our site are quoted in GBP (£). The quoted prices are inclusive of VAT. All prices quoted on our site are exclusive of delivery costs, which will be added to the total amount due and calculated in accordance with condition 8.2 above.
10.3 Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.5 Payment for all Products must be by credit or debit cards, which are detailed on our Shopify site. No handling or administration fees will be charged.
Please note that any pricing or promotions available through our Shop Online are exclusive to our online offer and are not available or transferable to Bar Douro Restaurants.
- OUR REFUNDS POLICY
11.1 If you are unhappy with any Product then please contact us directly either by email to email@example.com. Refunds will be arranged at our discretion.
11.2 Where you cancel a Contract before the Product(s) has been dispatched we will refund the cost of the Product(s) in full and will process the refund due as soon as possible and in any case within 30 days from the date on which you gave notice of your cancellation.
11.3 When you return a Product to us:
11.3.1 because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible after we have received the Product in the same condition in which you received it. In this case, we will refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the Product to us. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, and/or the Product when returned to us is not in the same condition as it was when sent to you, we may have a right of action against you for compensation and may withhold part of your refund. You will also be responsible for the possible risk of loss or damage to the Product incurred during the transit back to us. We recommend that you send the Product back to us by recorded delivery and that you have sufficient insurance to cover the value of the Product returned. If the Product fails to be returned to us we cannot refund any payment made.
11.3.2 for any other reason (for instance, you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have confirmed will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4 If you receive a Product which you consider is damaged then please contact us directly in order that we may arrange a replacement or refund. We will require a photo of the damaged Product. If possible, please sign for the Products as "DAMAGED ON RECEIPT".
11.5 We can only refund any money due to you using the same method originally used by you to pay for your purchase. Cash or cheque refunds cannot be issued. No handling or administration fee will be charged.
- OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Our total liability for losses you suffer as a result of us breaching any of these Terms and Conditions or any Contract is strictly limited to the purchase price of the Product you purchased.
12.4 This does not include or limit in any way our liability:
12.4.1 for death or personal injury caused by our negligence;
12.4.2 under section2(3) of the Consumer Protection Act 1987;
12.4.3 for fraud or fraudulent misrepresentation; or
12.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.