Terms And Conditions

1. Company details. Bottle Exchange Ltd. 38 Murkle View, Thurso, Caithness, Scotland, KW14 8DG (company number 686498) (we and us) is a company registered in Scotland and our registered office is at 272 Bath Street, Glasgpw, Scotland, G2 4JR.  
2. Contacting us. Please contact our customer service team at info@bottleexchange.net. 

1. These terms and conditions (Terms) apply to your use of our Bottle Exchange platform at www.bottleexchange.net (Platform). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Please read these Terms carefully before using our Platform.  By registering for an account on the Platform, you are confirming your agreement to be bound by these Terms. Where we provide special offers in relation to the Platform, such offers may be subject to supplemental terms and conditions which will be brought to your notice before you enter into any special offer. We amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time.
2. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
   1. you are an individual; and
   2. you are using our Platform wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
3. Language. These Terms are made only in the English language.
4. Your copy. You should print a copy of these Terms or save them to your computer for future reference.

1. You acknowledge that our role shall be limited to acting as an intermediate between users of our Platform (each a User). We do not act as a reseller of any goods exchanged on the Platform, and we do not become the owner of any goods sent to us by a User. Each User shall act at all times for and on their own behalf and never as our agent or representative. We will never be a party to any contract of sale between Users. If the other User is a business entity then it may have its own terms and conditions which you should read prior to concluding a transaction.

1. Access to our Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on our Platform without notice. We will not be liable if for any reason our Platform is unavailable at any time or for any period.
2. Except for material that you may provide, we are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3. You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal reference. 
4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.
5. Our status (and that of any identified contributors) as the authors of material on our Platform must always be acknowledged.
6. You must not use any part of the materials on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
7. If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
9. We aim to update our Platform regularly, and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.
10. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
11. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
12. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13. You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog website or other website where such linking is permitted.
14. Where our Platform contains links to other websites, terms and conditions and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites, terms and conditions or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. In connection with using the Platform you must not:
    1. breach any applicable laws;
    2. sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
    3. provide any false information regarding the goods you wish to sell on our Platform;
    4. use our Platform if you are not able to form legally binding contracts or are not of legal age in your country of residence to purchase alcohol;
    5. fail to make payment for goods purchased by you;
    6. transfer your account to any other party without our consent; or
    7. use the contact information of other User for any purpose other than in relation to a transaction on our Platform.

1. To create an account on our Platform please follow our registration process at https://bottleexchange.net/register . You confirm that all information you provide to us is accurate. If you think you have made any mistakes in the registration process please update your information as soon as possible on the User area of our Platform. Any user name you choose must not be offensive or inappropriate.
2. You must be 18 or over to register an account with us and use our services. Suitable ID showing proof of legal drinking age may be required when goods are delivered.
3. You agree that we will commence supplying our services to you on the Platform as soon as you accept these Terms as part of the registration process. We will email you to confirm your account has been successfully registered, and the date of that email shall be the date on which a contract is formed between us (Contract).
4. If you are registering an account with us as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on our Platform, you must comply with all applicable laws relating to online trading. 

1. We offer 2 services for you to list your goods on our Platform (a Listing):
   1. Standard Service. If you choose our Standard Service you will fill out the bottle details (distillery, age, volume, damages on the bottle or any appropriate packaging if applicable) on our Platform as instructed and add pictures (a minimum of 3 pictures). Pictures must be clear with only the bottle showing in the image. No other item can be present in any of the pictures. If packaging is included we recommend you display a picture of the packaging. You will add the price you want to List your goods at.
   2. Premium Service. If you choose our Premium Service you simply pay our premium fee (Premium Fee) (one Premium Fee per Listing) and List the value of the bottle and Description. We will complete the Listing once we receive your goods. The Premium Fee will be paid in addition to fee to list your goods (please see clause 6.2 below). 
   3. You must provide accurate information about the goods you wish to List. We reserve the right to refuse your listing if we reasonably believe that any information you have provided is inaccurate, misleading or fraudulent. Standard listing descriptions must be written by the user listing the bottle(s), Users are not permitted to copy descriptions from any standard or premium listings unless such listings have been previously written by the same user. Listing images must be clear on a clear background and must not show any other items within the image. Failure to provide such information or comply with the terms will lead to the bottle(s) being withheld from becoming active and a premium fee will be payable prior to the listing being activated. 
   4. You are solely responsible for the valuation of your goods. We will not be held responsible or liable if your goods are exchanged/sold on our Platform below market value.
2. Listing fees. Our fee to List your goods (Listing Fee), applicable per Listing (for Standard Service and Premium Service) and paid every 31 day period (a Listing Period), and our Premium Fee can be found at https://bottleexchange.net#premium-fee. If your Listing includes multiple goods then we reserve the right to charge the Premium Fee on top of the Listing Fee every time you List the goods for a Listing Period and you want to use our Premium Service. Otherwise the Premium Fee shall only be charged for the first Listing Period where you use the Premium Service. All our fees (including Buyers Fees - please see clause 8.2) are payable in advance and are non-refundable except where you are a consumer and cancel our Contract in accordance with clause 11.1, or your goods are damaged or lost in transit, or your goods sell within one Listing Period and you have already paid for the next Listing Period. You will receive an alert from us when a Listing Period is coming to an end so you can choose to pay the Listing Fee to keep your Listing live for the next Listing Period. We accept the following means of payment:

Online Payment

3. Posting your goods to us. Once you have chosen which of the two services above you want to use, you will then ship your goods to us. Please see https://bottleexchange.net/help/shipping for instructions on how to send your goods to us. You must only send goods to us which you have the right to sell. We strongly recommend that you obtain adequate insurance with regard to sending your goods to us. We accept no liability for goods lost or damaged in transit. You are responsible for all taxes, duties and custom charges. We will not be responsible for paying such charges, and we cannot be held responsible for any delays or seizures by customs or any other third party, including couriers.  It is your duty to adhere to local custom, rules and laws for your own county. Please note we accept no responsibility, to the maximum extent allowed by law, for the safe storage or preservation of any goods whilst in our temporary custody for the purpose of listing on our Platform or shipping to a User once a transaction has been completed. You should have the appropriate insurance in place for the storage of your goods with us. 
4. Listing your goods. Once we receive your goods we will then check the goods for damage and authenticity (please see clause 7). We reserve the right to reject damaged goods and bottles which have been opened. You will be responsible for any charges we incur regarding shipping rejected goods back to you. If you do not pay us such shipping fees within 3 months of our notification that we have rejected your goods then we may destroy your goods at our sole discretion. Any rejected goods that remain in our possession must be insured at your discretion. We will not be held liable for any loss or damage incurred to rejected goods which we hold for you. We will email you to let you know when your Listing is live and the Listing Period will commence on the day you receive our email.

1. When we inspect your bottles we will look at a number of things on the bottle, including but not limited to the label position, the condition, the font on the label, the font position, the fill level and the bottle seal, to ensure its authenticity. If we have any doubts as to the authenticity of the bottle we will engage an independent advisor to verify authenticity.
2. While we endeavour to verify all goods listed on our Platform, we do not offer an absolute guarantee that all goods are authentic. Please see our clause 12 regarding any dispute over the authenticity of goods received by a User.

1. If you wish to make an offer on another User's goods on our Platform you may:
   1. offer the other User a simple exchange in return for your goods;
   2. offer the other User an exchange in return for your goods together with a cash payment;
   3. offer the other user a cash payment only.
2. We may charge a buyers fee with respect to accepted offer you make to another User (Buyers Fee). Our Buyers Fees are currently free . Each Buyers Fee will be charged at the time your offer is accepted.
3. If you place an offer by accident you can retract the offer using the simple instructions on our Platform. Please note once an offer is accepted then the transaction can't be cancelled.
4. Where applicable, you must pay cash in connection with a transaction within 3 days of your offer being accepted. If you fail to complete any such cash payment then:
   1. the transaction shall be cancelled and the other User shall be free to accept an offer from another User (for the duration of the applicable Listing Period);
   2. we may restrict your use of the Platform (including your ability to place cash only offers);
   3. you will be charged a Listing
   ; and
   4. if an exchange offer was accepted you will have to pay to re-List your goods (and a new Listing Period will commence).
5. Where you are a User who accepts an offer:
   1. the other User does not pay in the 3 day timeframe referred to at clause 8.4; and
   2. the three day timeframe extends over the end of your Listing Period,
   3. we will relist your goods at no charge for those days your goods would have been Listed had the other User not placed the cash offer.
6. Please see the methods of payment we accept at clause 6.2.
7. You can reject or accept an offer from another User, or make a counter offer by following the instructions on the Platform.
8. If you place an offer and the Listing Period for the goods you place the offer on is due to expire within the 24 hour timeframe referred to at clause 8.7 above, then the Listing Period shall be extended to accommodate the 24 hour offer period. The Listing Period shall end following this extension period.
9. If you are a new User without having previously sold/exchanged/ purchased a bottle through our Platform you will be able to place a maximum of 5 offers in any 24 hour period. This restriction on a new User's account may be lifted at our discretion.
10. We reserve the right to suspend or terminate any User's access to the Platform if such User persistently places offers and does not pay within the timeframe set out at clause 8.4, or otherwise behaves in a manner which, in our reasonable opinion, disrupts the use of our Platform by other Users.
11. For more instruction on making and receiving offers on our Platform please see https://bottleexchange.net/help/ .

1. We will dispatch all goods to a successful buyer within 14 days, or within 14 days of an applicable cash payment being received (as the case may be) provided you have paid all applicable shipping charges. The successful buyer will be responsible for all shipping charges, including all taxes, duties and custom charges. We will not be responsible for paying such charges, and we cannot be held responsible for any delays or seizures by customs or any other third party, including couriers. Our shipping charges (including our optional insurance charges) can be found at https://bottleexchange.net/help/shipping . We will not be held liable for any loss or damage to goods in transit so we strongly recommend your purchase adequate insurance. You must pay all shipping charges to us before we ship the goods you have purchased/exchanged. If you do not pay our shipping charges then your transaction shall be cancelled and we will hold any goods you exchanged with another User until you pay all costs for us to return these goods. Alternatively, where you have made any cash payments we may deduct shipping charges from such cash payments. 
2. Please note that although we endeavour to ship to as many locations as possible, we are not liable to ship or deliver to all locations.  If you are unsure if we can ship to your location, please contact us in advance of placing any offer

Where any cash payments are made as part of a transaction, we shall hold all such cash payments until the User who has made the cash payment confirms there is no dispute regarding the authenticity of the goods received by such User (please see clause 12). 

1. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right to change your mind and cancel your Contract with us within 14 days from the date of the Contract.  However, once we have completed the services to you on our Platform you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind (please see clause 11.3).
2. Tell us you want to end the Contract. To end the Contract with us, please email us at info@bottleexchange.net
3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind for use of our Platform, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
4. How we will refund you.  If you are entitled to a refund under these Terms we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described below.
5. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind.

1. If a User receives goods after completion of a transaction, and then disputes the authenticity of the goods, the User must return the goods to us for verification. If the goods are counterfeit we shall refund all shipping costs and return all cash payments made for such counterfeit goods. If such goods are proven not to be counterfeit then the buyer must pay all shipping costs associated with shipping the goods to us for confirmation of authenticity and all shipping costs to return the genuine goods to the buyer.
2. A User must notify us within 24 hours of receiving any goods that there is a dispute over the authenticity of the goods. If we receive no notification within such 24 hour period we shall assume there is no dispute and any cash payments made in respect to the transaction shall be released to the applicable seller. 
3. If a User receives counterfeit goods we reserve the right to take criminal action against the seller of such counterfeit goods. If an exchange is made where a User receives counterfeit goods, we will endeavour to recover the buyer's exchanged bottle from the counterfeit seller. Where the buyer's goods cannot be recovered from the seller of the counterfeit goods we will pay to the buyer an amount equal to the value the buyer's bottle was listed for on our Platform.
4. The remedies set out in this clause 12 are a User's sole remedy for any purchase/receipt of counterfeit goods through use of the Platform.

1. We will use any personal information you provide to us to:
   1. provide our services on our Platform; and
   2. process any payments you make on our Platform.
2. Further details of how we will process personal information are set out in https://bottleexchange.net/privacy .

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 us breaking the 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 transaction process.
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, or for fraud or fraudulent misrepresentation.
3. We are not liable for business losses. If you are a consumer we only supply our services to you for domestic and private use. If you use our services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.

1. Nothing in these terms shall limit or exclude our liability for:
   1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
   2. fraud or fraudulent misrepresentation; or
   3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. Subject to clause 15.1:
   1. we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
   2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to £ .

1. Without limiting any other remedies, we may limit, suspend, or terminate your account and access to our Platform, restrict or prohibit access to, and your activities on, our Platform, cancel offers, remove listings, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Platform if:
   1. we think that you are creating problems or possible legal liabilities for us or our Users;
   2. you breach these Terms;
   3. we think that you are infringing the rights of third parties;
   4. you fail to make any payment due under these Terms;
   5. your Listing includes counterfeit items; or
   6. you communicate with us or any other User in an inappropriate manner.
2. Termination of our Contract will not affect your or our rights and remedies that have accrued as at termination.
3. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our agreement that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 
2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
   1. we will contact you as soon as reasonably possible to notify you; and
   2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 
3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing our services up to the date of the occurrence of the Event Outside Our Control.

1. Assignation and transfer.
   1. We may assign or transfer our rights and obligations under the Contract to another entity.
   2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing. 
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.
3. Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
4. Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. Which laws apply to your Contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by Scots law and you can bring legal proceedings in respect of our services in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of our services in the Scottish, English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of our services in either the Northern Irish or the Scottish courts.
6. Which laws apply to your Contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with your Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.