BODEGA SOUL LIMITED was incorporated on 22nd January 2015 under the Companies Act 2006 under Company Number 9402257 as a private company, limited by shares, with registered office at 20-22, Wenlock Road, London, N1 7GU England and filed with the Registrar of Companies for England and Wales, Companies House, Cardiff.
As a consumer or as a company, you have legal rights in relation to purchased goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms & Conditions (T&C’s) affects these rights.
Each item within these T&C’s acts separately. If any relevant authority such as a court decided that any of them are unenforceable or unlawful, the rest of conditions will remain in full force and effect.
Under UK law you may only purchase wine if you are over 18 years old. In your placing an order with us it is implicit your confirmation that you have the minimum legal age to purchase wine. We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. When you place an order, you represent to us that you are over 18 years of age at that time. Should this representation be untrue, no purchase contract will exist between us and therefore we will not be liable to you.
For any queries, difficulties or comments we can be reached on telephone number 0208 1233359 (8am – 5pm GMT, Mo – Fr) or email at firstname.lastname@example.org
Legal use of the purchased goods
If you are a consumer you agree to make exclusively a domestic and private use of the purchased wines and you agree not to use them for any business purposes you are not legally entitled to.
Representation of goods
We make every effort to verify that images, product descriptions and their prices are kept up to date and we try to ensure that they represent our product range in the most realistic manner. Nevertheless, when you use our site and when you place an order with us you acknowledge that product information displayed on the site in whatever format might be somehow inaccurate or outdated and however detailed it is not fully comprehensive.
Product labels and packaging may be altered by the winemaker for legal requirements or any other reasons without prior notice. All specifications, drawings, illustrations, data sheets, tasting notes, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including invoices, despatch notes or packaging) are intended to give an accurate and trustworthy idea of the wines, but will not form part of the purchase contract.
All our products are subject to intellectual and industrial property rights including patents, trademarks, copyright, etc. No right or licence is granted to the customer, except the right to use or re-sell the products in the customer's usual business activity.
Representation of prices
Prices shown on this site are inclusive of Excise Duty and VAT at the current UK applicable rates.
On occasions product prices will be reviewed. However, these reviews will not affect your order. Prices applicable will be those confirmed with our dispatch advice email.
The price of an item does not include the delivery charge, which will depend on the size of your order and your postcode (we serve orders from a suburban London warehouse). The delivery charge will be calculated on the moment before you confirm and place your order.
Our wines are available either in a 6-bottle case or as part of a pre-mixed case with different wines. Our delivery charges are based on units of 12 bottles (i.e. 2 cases of 6).
We endeavour to stock our entire product range and display on our site only the wines that are in stock and currently available. If for any reason, for example demand peaks, we run out stock of a given product, it would normally stop being displayed on our site, without prior notice. If by mistake we display an unavailable product that is part of your intended purchase, we will notify you prior to accepting and confirming your order. In that case you may decide to cancel your purchase or select an alternative wine.
Our range is not vintage sensitive, i.e. we ensure that a following vintage differs from the previous one only to a negligible extent. Wine vintages have limited availability and whilst we try to advertise the vintage that we have in stock and are able to deliver, around the time when the winery renews vintage, we cannot guarantee which vintage will be shipped to you. As always, if you are not entirely satisfied you are able to return the wine.
In order not to affect product availability for the average purchaser, large orders may be subject to alternative delivery options.
Purchase process and contract
Once you place an order with us we will acknowledge its receipt by sending you a confirmation email.
Payment for the wine and applicable delivery charges should be made before the goods are dispatched.
We will only accept your order after we have verified that we are able to dispatch the goods that you ordered from us.
Our acceptance of your order is formalised with our sending you a goods dispatch confirmation email.
Our acceptance of your order determines the establishment of a purchase contract between you and us that is governed by the present T&C’s besides all other applicable statutory regulations.
We may sub-contract performance of our obligations under this contract to another organisation, but this will not affect your rights or our obligations under the contract.
Orders may not be transferred from you as the customer to any other person. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
Wines will be effectively delivered once they are left with a legally eligible occupant of the address indicated by you. It is against UK law to deliver wine to a minor.
Once the wines are delivered to your address they fall under your responsibility.
Once we have received payment for the wine and we have delivered it to your address, you own the goods.
Methods of payment
We will take payment for your purchase and you will be charged once you place an order, just before we dispatch your wines.
You may pay for the wine using one of the following debit or credit cards:
- Visa Electron
- Visa Classic
- American Express
When you give us credit or debit card details you are tacitly confirming that you are the card holder or alternatively, that you have full permission from the card holder to make use of such card with the intention to purchase wine.
We deliver from a suburban London warehouse to the entire UK. In the area of London, postcodes E, EC, HA, KT, N, NW, SE, SW, TW, UB, W and WC, orders received before 12:00pm are normally delivered the next day. In the rest of mainland UK, orders received before 12:00pm are normally delivered in 48h.
Delivery will be made to the address you specified when you placed your order. Deliveries are normally made between the hours of 8:00am and 5:00pm Monday to Friday.
Your delivery charge within mainland UK is calculated automatically based on the number of 12 bottle units (i.e. 2 six-bottle cases) ordered and distance. Your postcode will determine shipping distance according to a 5 tier tariff.
For deliveries to the Scottish Islands, Channel Islands, Isle of Man and Northern Ireland, please proceed to checkout and on placing your order we will respond with a shipping cost quotation for your review and eventual acceptance or rejection, in the latter case without any obligation or cost for you.
A delivery is deemed complete once we have left your purchased wines with an authorised person at the indicated delivery address. Please note that it is against UK law to deliver wine to a minor.
Although we take maximum care to ensure we ship the wines that you ordered, in case of a discrepancy please write to us immediately and we will resolve any issues. We will take care of the shipping and collection cost of wines delivered in error.
Returns and refunds
You are legally entitled to cancel our contract at your entire discretion over the 14 calendar days starting from the date you receive dispatch confirmation from us. To do so and receive a refund you only need to notify us in writing of your desire to cancel our contract. The cancellation is effective from date you send your notification.
Once you've cancelled an order you then have a further 14 days to send the wines back to us. While you organise return shipment you are required to take reasonable care of the goods. You need to return the wines in a merchantable condition, with neck capsules intact, in their full original cases and with bottle labels neither damaged nor stained.
We need proof that you are the original purchaser. You will receive a total refund for the amount of purchased goods and delivery charges paid on top by you. The refund will be made effective on the debit or credit card used for payment.
In the infrequent case of a corked or otherwise faulty wine, please write to us without delay so that we can organise return and replacement. In this case return costs will be covered by us.
We are liable for the loss or damage that appears to both of us as a reasonable consequence of our breach of the present T&C’s, any other liability legally established, specifically those contained in the Sale of Goods Act of 1979.
We are not liable to you for any opportunity cost related to an eventual business purpose of the goods purchased, intended by you.
We are not liable for any failure to comply with the present T&C’s that is a reasonable consequence of force majeure events or any event beyond our control.
This paragraph shall not limit or affect our liability resulting from any items sold being found to be unsafe or if something we do negligently causes death or personal injury.
Our liability to you in connection with any purchase will not exceed the total price charged for the wines.
Our right to alter these Terms & Conditions
We may revise the present T&C’s when necessary; however the T&C’s in place at the time of wine dispatch confirmation will govern our mutual contract.
These T&C’s are subject to English law. We are committed to try and resolve any possible discrepancies on the basis of customer service and as amicably and efficiently as possible. In the event that you are not satisfied with the way handle our disagreement and you want to take court proceedings, you may do so as a consumer in England, Scotland, Wales or Northern Ireland. If you are a business, we both agree to resolve claims and disputes under the exclusive jurisdiction of the courts of England and Wales.
(see separate section).