- 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.
- Contacting us. Please contact our customer service
team at email@example.com.
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
- 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:
you are an individual; and
you are using our Platform wholly or mainly for your personal
use (not for use in connection with your trade, business, craft
- Language. These Terms are made only in the English
- Your copy. You should print a copy of these Terms
or save them to your computer for future reference.
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.
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.
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.
You may print off one copy, and may download extracts, of any
page(s) from our Platform for your personal reference.
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.
Our status (and that of any identified contributors) as the authors
of material on our Platform must always be acknowledged.
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
If you print off, copy or download any part of our Platform in
cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
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.
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.
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.
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.
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
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.
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.
In connection with using the Platform you must not:
breach any applicable laws;
sell any counterfeit items or otherwise infringe the copyright,
trademark or other rights of third parties;
provide any false information regarding the goods you wish to
sell on our Platform;
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;
fail to make payment for goods purchased by you;
transfer your account to any other party without our consent; or
use the contact information of other User for any purpose other
than in relation to a transaction on our Platform.
To create an account on our Platform please follow our registration
. 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
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.
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
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.
Our services and listing
- We offer 2 services for you to list your goods on our Platform (a
- 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.
- 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).
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
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.
- 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
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:
- 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
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.
- 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.
Authenticity of goods
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.
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.
Placing and receiving offers
If you wish to make an offer on another User's goods on our Platform
offer the other User a simple exchange in return for your goods;
offer the other User an exchange in return for your goods
together with a cash payment;
offer the other user a cash payment only.
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.
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.
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:
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);
we may restrict your use of the Platform (including your ability
to place cash only offers);
you will be charged a Listing
if an exchange offer was accepted you will have to pay to
re-List your goods (and a new Listing Period will commence).
Where you are a User who accepts an offer:
the other User does not pay in the 3 day timeframe referred to
at clause 8.4; and
the three day timeframe extends over the end of your Listing
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
Please see the methods of payment we accept at clause 6.2.
You can reject or accept an offer from another User, or make a
counter offer by following the instructions on the Platform.
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.
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.
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.
For more instruction on making and receiving offers on our Platform
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
. 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
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
Receiving your payment
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).
Ending your Contract with us
- 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
- Tell us you want to end the Contract. To end the
Contract with us, please email us at
- 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.
- 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.
- 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.
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.
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.
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
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
How we may use your personal information
We will use any personal information you provide to us to:
provide our services on our Platform; and
process any payments you make on our Platform.
Further details of how we will process personal information are set
Our responsibility for loss or damage suffered by you if you are a
- 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.
- 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.
- 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.
Our responsibility for loss or damage suffered by you if you are a
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the
negligence of our employees, agents or subcontractors (as
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to
exclude or restrict liability.
Subject to clause 15.1:
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
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 £ .
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:
we think that you are creating problems or possible legal
liabilities for us or our Users;
you breach these Terms;
we think that you are infringing the rights of third parties;
you fail to make any payment due under these Terms;
your Listing includes counterfeit items; or
you communicate with us or any other User in an inappropriate
Termination of our Contract will not affect your or our rights and
remedies that have accrued as at termination.
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.
Events outside our control
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).
If an Event Outside Our Control takes place that affects the
performance of our obligations under these Terms:
we will contact you as soon as reasonably possible to notify
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.
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.
- Assignation and transfer.
We may assign or transfer our rights and obligations under the
Contract to another entity.
You may only assign or transfer your rights or your obligations
under the Contract to another person if we agree in
- 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.
- 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.
- 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.
- 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
- 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.