Terms and Conditions

THE BOTTLE COMPANY (SOUTH) LTD

1. About us

This website is operated by THE BOTTLE COMPANY (SOUTH) LTD, company number 05570060. References in these Terms to "we", "us" and "our" are to THE BOTTLE COMPANY (SOUTH) LTD. References to "you" and "your" are to the business customer using this website or placing an order with us.

Our contact details are:

Unit 1, Pixash Business Centre
Bristol
Pixash Lane
Bristol
BS31 1TP
By appointment only

Telephone: (0) 117 986 9667
Email: [email protected]
Open hours: Monday to Friday, 9:00 am to 5:00 pm

2. Business customers only

This website and all goods sold through it are intended for business customers only.

By using this website, creating an account, requesting a quotation or placing an order, you confirm and warrant that:

1. you are acting wholly or mainly for the purposes of a trade, business, craft or profession;
2. you are not acting as a consumer;
3. you have authority to bind the business on whose behalf you are acting.

We reserve the right to refuse, cancel or refund any order where we reasonably believe that an order has been placed by, or on behalf of, a consumer or by a person without proper authority.

3. Acceptance of these Terms

By accessing this website or placing an order through it, you agree to be bound by these Terms.

We may update these Terms from time to time by publishing a revised version on this website. The version in force at the time we accept your order will apply to that order.

4. Use of this website

You may use this website only for lawful purposes and only in connection with genuine business enquiries and purchases.

You must not:

1. misuse the website or knowingly introduce viruses, malware or other harmful material;
2. attempt to gain unauthorised access to the website, server, database or connected systems;
3. use the website in any way that breaches any applicable law or regulation;
4. copy, reproduce, exploit or commercially use any part of the website or its content without our prior written consent;
5. submit false, misleading or inaccurate information.

We may suspend or terminate your access to the website at any time if you breach these Terms.

5. Product information and website content

We take reasonable care to ensure that product descriptions, photographs, specifications, pricing and other information on the website are accurate.

However:

1. product images are for illustrative purposes only;
2. colours, finishes and appearance may vary depending on screen settings, production batches and suppliers;
3. dimensions, capacities and specifications may be subject to minor tolerances;
4. all information on the website is provided for general guidance only.

We reserve the right to correct typographical, pricing, technical or other errors and to update or withdraw product information at any time without notice.

6. Availability of goods

All goods are offered subject to availability.

We reserve the right to:

1. withdraw any product from sale at any time;
2. limit quantities;
3. refuse any order;
4. substitute packaging or make non-material product changes where necessary, provided the goods remain substantially as described.

7. Prices and VAT

Unless otherwise stated, all prices shown on the website are in pounds sterling and include VAT at the prevailing rate.

Prices may change at any time before we accept your order.

Delivery charges and any other applicable charges will be shown at checkout or in the basket before you complete your order.

8. Orders and contract formation

Your order is an offer to purchase goods from us.

Submission of an order, and any automated acknowledgement of that order, does not mean that we have accepted it.

A contract between you and us will only come into existence when we expressly accept your order in writing or when we dispatch the goods, whichever happens first.

We reserve the right to refuse or cancel any order before acceptance for any reason, including where:

1. goods are unavailable;
2. there is an error in price, description or other information;
3. we reasonably believe the order is not a genuine business order;
4. we suspect fraud, misuse or unauthorised payment;
5. delivery is not possible to the address provided;
6. the order falls outside our delivery area or carriage terms.

If payment has already been taken for an order that we do not accept, or which we cancel before acceptance, we will issue a full refund of all sums paid in respect of that order using the original payment method.

9. Payment

Payment must be made in full at the time of order using one of the payment methods made available through the website.

We use secure third-party payment providers. We do not guarantee that any specific payment method will always be available.

If any payment is declined, reversed, charged back or found to be unauthorised after dispatch, we reserve the right to recover the outstanding sum and any reasonable costs incurred by us.

10. Delivery, risk and returns

Delivery, risk, shortages, breakages, transit damage and returns are governed by our Delivery and Returns Policy, which forms part of these Terms.

11. Inspection, shortages, breakages and transit damage

You must inspect all goods as soon as reasonably possible following delivery.

Any shortage, breakage or damage that is apparent on delivery or discovered on unpacking must be reported to us in writing within 3 working days of receipt.

Your notice must include:

1. your order number;
2. full details of the shortage, breakage or damage;
3. clear digital photographs of the affected goods;
4. clear digital photographs of the packaging and outer wrapping.

You must retain the goods and all packaging pending our instructions.

If a claim is accepted, our liability shall be limited, at our option, to:

1. replacement of the affected items only;
2. a refund for the affected items only; or
3. a credit note for the affected items only.

For the avoidance of doubt, where only part of an order is broken, damaged, missing or defective, we will only replace, refund or credit the affected items and not the whole consignment.

Claims submitted outside the stated period, or without sufficient supporting evidence, may be rejected.

12. Non-faulty returns

Where goods have been supplied in accordance with the order but are no longer required, unsuitable for your purposes, or ordered in error, they may only be returned with our prior written agreement.

Any non-faulty return request must be made within 7 days of receipt of the goods.

If return authorisation is granted:

1. the goods must be returned at your own cost and risk;
2. the goods must be unused, undamaged, in their original packaging and in resaleable condition;
3. the goods must be returned in accordance with any instructions we provide.

Goods returned without prior agreement may be refused and, if refused, will be held at your risk.

Once authorised returned goods have been received and inspected, we may, at our discretion, provide a refund, exchange or credit note. Original delivery charges are non-refundable unless the return is due to our error.

13. Faulty or incorrect goods

If we have supplied goods that are materially incorrect or defective, you must notify us in writing within 3 working days of receipt, providing full details and photographic evidence where applicable.

If we accept that the goods were supplied incorrectly or were defective at the point of delivery, we will, at our option:

1. replace the affected goods;
2. refund the price paid for the affected goods; or
3. issue a credit note for the affected goods.

Our liability shall be limited to the affected goods only.

14. No consumer cancellation rights

As this website is operated on a business-to-business basis only, orders placed through it are not intended to be consumer contracts and no consumer cancellation rights are offered or incorporated into these Terms.

15. Accounts and customer information

You must provide accurate, complete and current account, billing, delivery and contact information.

You must promptly update your information if it changes.

We may rely on the information you provide and shall not be responsible for loss arising from inaccurate or incomplete information submitted by you.

16. Third-party tools, integrations and links

This website may contain links to third-party websites or provide access to third-party tools, services or integrations.

We do not control and are not responsible for the content, availability, accuracy, security or terms of any third-party website, product or service.

Any use of third-party tools or websites is entirely at your own risk.

17. Intellectual property

All intellectual property rights in this website and its content, including text, graphics, images, branding, logos, layouts and software, belong to us or our licensors.

You may not copy, reproduce, distribute, adapt, republish or otherwise use any content from this website without our prior written consent, except as strictly necessary for placing orders with us.

18. Privacy and data protection

Any personal data submitted through the website will be processed in accordance with our Privacy Policy.

Where you provide us with personal data relating to your staff, agents or representatives, you confirm that you have the right to do so and that any necessary notices have been given.

Our Privacy Policy forms a separate document and should be read alongside these Terms.

19. Website availability and disclaimer

We do not guarantee that the website, or any content on it, will always be available, uninterrupted, secure or error-free.

We may suspend, withdraw, discontinue or change all or any part of the website without notice.

To the fullest extent permitted by law, the website and its content are provided on an "as is" and "as available" basis without warranties, representations or guarantees of any kind, whether express or implied, except as expressly stated in these Terms.

20. Limitation of liability

Nothing in these Terms excludes or limits liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; or
3. any liability which cannot lawfully be excluded or limited.

Subject to the above, and to any specific remedy expressly stated elsewhere in these Terms:

1. our total aggregate liability arising out of or in connection with any order shall not exceed the total amount paid by you for the goods comprised in the relevant order;
2. where a claim relates only to specific items within an order, our liability shall be limited to those items only; and
3. we shall not be liable for any indirect or consequential loss.

To the fullest extent permitted by law, we shall not be liable for:

1. loss of profit;
2. loss of revenue;
3. loss of business;
4. loss of goodwill;
5. loss of anticipated savings;
6. loss of data;
7. waste of management or staff time;
8. losses arising from delay in delivery; or
9. losses arising from your failure properly to inspect, store, handle or use the goods.

21. Indemnity

You agree to indemnify and keep indemnified THE BOTTLE COMPANY (SOUTH) LTD, its officers, employees, agents and contractors against all liabilities, losses, damages, costs and expenses, including reasonable legal costs, arising out of or in connection with:

1. your breach of these Terms;
2. your misuse of the website;
3. your negligence; or
4. your breach of any applicable law or the rights of a third party.

22. Events beyond our control

We shall not be liable for any failure or delay in performing our obligations where that failure or delay results from an event beyond our reasonable control, including acts of God, flood, fire, accident, war, civil disturbance, interruption to transport, shortage of materials, labour disputes, power failure, communications failure, cyber incident, supplier failure or courier disruption.

23. Termination and suspension

We may suspend or terminate your access to the website, cancel orders not yet accepted, or refuse future orders if:

1. you breach these Terms;
2. we suspect fraud, misuse or unlawful activity;
3. we reasonably believe you are not a genuine business customer; or
4. we consider it necessary to protect our business, systems, staff or other customers.

Termination or suspension shall not affect any rights or obligations that have accrued before the date of termination.

24. Entire agreement

These Terms, together with any policies expressly referred to in them, constitute the entire agreement between you and us in relation to your use of the website and the purchase of goods through it.

You acknowledge that you have not relied on any statement, representation or promise that is not expressly set out in these Terms.

25. Severability

If any provision of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

26. No waiver

No failure or delay by us to exercise any right or remedy shall operate as a waiver of that right or remedy.

27. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their 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.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or any order placed under them.

28. Contact details

Questions about these Terms should be sent to: