Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

  • These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are NETOPYR BLACK INVESTMENT LTD whose trading name is BODEGARE, a company registered in England and Wales under number 12211110 whose registered office is 20-22 Wenlock Road, London, England, N1 7GU, with email address info@bodegare.com;  (the Supplier or us or we).
  • These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Customer responsibilities

  • You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  • Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information

  • We retain and use all information strictly under the Privacy Policy.

Age restriction

  • It is an offence in the UK to sell alcohol to any person under the age of 18 both in store and online. Therefore, we will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.  
  • Please note that we operates an age verification policy which applies at all delivery and collection points and you may be asked to provide ID both on collection and at delivery.

Our products

  • The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied. The images of the products on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee a device’s display of the colours accurately reflects the true colour of the products. Your products may vary slightly from those images. All product measurements are approximate only and the packaging of the products may vary from that shown in images on our website. 
  • In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  • All the Goods which appear on the Website are subject to availability. We cannot guarantee the availability of specific vintages.
  • You should always read the labels, warnings and instructions provided on or with the products before using them and not rely solely on the information on our website. This notice does not affect your legal rights
  • We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

How to place an order 

  • You can order our products online via this website and make payments in accordance with these terms and conditions. 
  • You can access your shopping basket, review it and make changes to it at any time up until the point at which you place your order. Take the necessary time to check your order before submitting it. If you submit an order in error, you have the opportunity to cancel it.
  • If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed, usually, on the following business day in the UK. 
  • Your order will only be accepted by us once we process your payment, at which time we will email you confirming your order. It is at this point that the contract between you and us for the sale and purchase of the products ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
  • We reserve the right not to accept any order.

Delivery

  • Your order will be delivered to the delivery address notified by you at the time of placing your order. We are not liable whatsoever for any products delivered to an address which has not been correctly provided by you. You may receive communications from our courier during the delivery process.
  • Please note delivery to a neighbour or nominated safe place location may not be available for age restricted items. Upon home delivery or collection from a drop off point, the recipient must provide proof they are the stated person on the delivery documentation. The following photo identification is accepted: a passport and/or a UK or European Union photocard driving licence.
  • If the first delivery attempt is unsuccessful, a charge of £3.50 per Consignment will be raised for each subsequent delivery attempt. The consignment will be returned to the sender after 5 working days from the due date of delivery if further delivery instructions are not received. It is agreed that charges for unsuccessful delivery attempts will be waived up to a maximum of 4 per month. There will be no re-delivery charge when a delivery is made later in the same day.
  • We are responsible for the products until the point they are delivered to you. You are responsible for the products on delivery.
  • We do not deliver to the Channel Islands, Northern Ireland or destinations outside the UK. We are unable to ship to PO Box addresses.

Prices

  • All prices are as shown on our website and are inclusive of UK VAT, Duty and delivery charges.
  • Promotional offers and prices are as stated, with no further discounts available unless we indicate otherwise.
  • We reserve the right to adjust prices, offers, products and their specifications products at our discretion at any time before (but not after) we accept your order. We reserve the right to change prices at any time.
  • We accept payment by PayPal, American Express, Mastercard and Visa.  Payment is deducted when we despatch your order to you.  

Returns and cancellations 

  • We will provide a full refund or replacement for any wines that are faulty. This does not affect your statutory rights.
  • We may require faulty bottles to be returned to us. We will arrange this as necessary at your convenience and at our cost.
  • In addition, you may cancel your order at any time until 14 working days after delivery. Should you decide to cancel, the products should be returned to us as new and in a saleable condition to your nearest store or by post or courier.  
  • You can cancel your order during this period by e-mailing us at info@bodegare.com, calling us on  07916207659 or writing to us at 20-22 Wenlock Road, London, England, N1 7GU.
  • Your cancellation is effective from the date you notify us and you must return the cancelled products to us within 14 days of informing us that you wish to cancel.
  • If you cancel your order in accordance with this term and conditions we will refund to you the full price of the products. All refunds to you will be made by the payment method you used when paying for the order being refunded. 
  • We will process the refund as soon as possible. All refunds will be made no later than 14 days after we have received the products from you, or if earlier, 14 days following the day you provide us with evidence the products have been sent.
  • If you are returning your products by post, we recommend that products are sent by registered post with your local post office or by courier so that you can track the products and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded.  
  • As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice. Nothing in these terms and conditions will affect these legal rights
  • This is a distance contract which has the cancellation rights. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
  • foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

b)   goods that are made to your specifications or are clearly personalized;

c)   goods which are liable to deteriorate or expire rapidly.

Governing law, jurisdiction and complaints

  • The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • In the event of a complaint please email info@bodegare.com, giving as much detail as you can. All complaints will be acknowledged within 48 working hours and we will do our best to resolve your complaint within a further 72 working hours. You will be kept informed if there is any delay beyond this. Each complaint will be treated as confidential.

Correspondence

  • If you have any queries about your order, in the first instance please contact info@bodegare.com

Our Responsibility for Loss or Damage

  • We do not exclude or restrict our liability for death or personal injury resulting from our negligence or that of our agents or for fraud or fraudulent misrepresentation or for any breach of any terms implied by law or any matter that we are not permitted to limit or restrict by law.  
  • If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any:
  • loss or damage which is not caused by our breach of these terms and conditions;
  • 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 sales process); or
  • business losses and/or losses to non-consumers.