Bottle and Brush — Terms of Service (UK)

 

OVERVIEW
Welcome to Bottle and Brush! The terms “we”, “us” and “our” refer to Bottle and Brush. Bottle and Brush operates this store and website, including all related information, content, features, tools, products and services (the “Services”). Bottle and Brush is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced herein (including our Privacy Policy and Refund/Returns Policy), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights under UK law (including consumer rights, warranty disclaimers and limits on liability).
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not use or access the Services.

BRAND & TRADEMARK DISCLAIMER (ADDED)

Disclaimer: All brand names, logos, and trademarks are the property of their respective owners. Bottle and Brush produce original artworks created on client-supplied items. We are not affiliated with, endorsed by, or licensed by any brand featured on the bottles. Labels and branding remain unchanged unless the client specifically requests otherwise. Any references to branded products are descriptive only, for identification of the bottle supplied by the customer.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm you are at least 18 years old (the age of majority in the UK), and you consent to any of your minor dependants using the Services on devices you own or manage.
To use the Services (including browsing or making purchases), you may be asked for information such as your email address, billing, payment and shipping details. You represent that all information you provide is accurate, current and complete, and that you have the right to provide it.
You’re responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer or assign your account.

SECTION 2 – OUR PRODUCTS

We make every effort to represent our products/services accurately. Colours and appearance may vary due to your device and settings.
We do not warrant that the appearance or quality of any products or services will meet your expectations or match images precisely.
All descriptions may change without notice. We may discontinue products, or limit quantities to any person or region, at our discretion.

SECTION 3 – ORDERS (UK CONSUMER INFORMATION)

When you place an order, you make an offer to purchase. We may accept or decline any order at our discretion. Your order is accepted only when we send an order acceptance/confirmation. We must receive and process your payment before acceptance. Please review carefully before submitting, as we may be unable to cancel after acceptance. If we decline or amend an order, we’ll try to notify you using the contact details you provided.
Bespoke/Personalised Goods: Many of our items are made to your specification (e.g., hand-painted bottles). Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the usual 14-day cancellation right does not apply to goods made to your specification or clearly personalised. This does not affect your rights where goods are faulty or misdescribed under the Consumer Rights Act 2015.
Your purchases are otherwise subject to our Refund/Returns Policy [LINK].
You confirm purchases are for personal use (not for commercial resale).

SECTION 4 – PRICES, TAXES & BILLING

Prices, discounts and promotions may change without notice. The price charged is the price in effect at checkout and shown in your confirmation. Unless expressly stated, prices are shown inclusive of UK VAT (if applicable) and exclusive of shipping/handling; any additional charges will be shown at checkout.
Prices online may differ from other channels. Promotions may be subject to separate terms; if there’s a conflict, those terms apply.
You agree to provide accurate purchase, payment and account information and to keep it updated (e.g., email, billing address, card expiry). You confirm you are authorised to use the payment method, and you will pay all amounts due including applicable VAT and delivery charges.

SECTION 5 – SHIPPING & DELIVERY (UK)

Delivery times are estimates and not guaranteed. We aren’t responsible for delays outside our control (e.g., carrier delays, customs).
Consumers: Risk in the goods passes to you upon delivery to you or a person you nominate (not a carrier), in line with UK consumer law. If you arrange your own carrier (not offered/arranged by us), risk may pass when the goods are handed to your carrier. Title passes when we receive full payment.

SECTION 6 – INTELLECTUAL PROPERTY (UK)

The Services (including text, images, graphics, video, audio, selection and arrangement) are owned by Bottle and Brush or our licensors and are protected by UK and international copyright, design, database and trade mark laws.
You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, store or transmit any material from the Services without prior written consent, except as permitted by applicable law (e.g., fair dealing exceptions). No licence is granted except as expressly stated.
“Bottle and Brush” names, logos, product and service names, designs and slogans are our trade marks. You must not use them without our prior written permission. “Shopify” and related marks are the trade marks of Shopify. All other marks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available,” without warranties and without endorsement. Your use of such tools is at your own risk and subject to the third party’s terms. New features may be added as part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may link to third-party websites or embed third-party functionality. We are not responsible for examining or evaluating third-party content and are not liable for your use of it. Review third-party policies before engaging in any transaction. Any issues with third-party products/services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Bottle and Brush is powered by Shopify. Sales in our store are made directly with Bottle and Brush. Shopify is not responsible for your purchases with us. You expressly release Shopify and its affiliates from claims arising from your transactions with Bottle and Brush.

SECTION 10 – PRIVACY (UK GDPR)

We process personal data in accordance with the UK GDPR and the Data Protection Act 2018. Please see our Privacy Policy [LINK]. Because we use Shopify to host our store, Shopify will also process your personal data as a processor and/or independent controller—see Shopify’s Privacy Policy [LINK]. Your data may be transferred outside the UK/EEA subject to appropriate safeguards. By using the Services, you acknowledge you’ve read these policies.

SECTION 11 – FEEDBACK

If you submit reviews, ideas or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish and display such Feedback for any purpose, including commercial use, to the extent permitted by law. You represent you own or have rights to your Feedback, have disclosed any incentives, and that your Feedback complies with these Terms and applicable law (including the CMA/ASA rules on endorsements). We may monitor, edit or remove unlawful or infringing Feedback at our discretion.

SECTION 12 – ERRORS & OMISSIONS

We may correct errors, inaccuracies or omissions (including pricing, descriptions, availability) and change or cancel orders where necessary, in accordance with UK law.

SECTION 13 – PROHIBITED USES

You may use the Services for lawful purposes only. You must not:
(a) use the Services for unlawful or malicious purposes; (b) breach any applicable UK or local laws or regulations; (c) infringe IP rights; (d) harass, defame or abuse others; (e) transmit misleading information; (f) upload non-compliant material; (g) send spam or unsolicited promotions; (h) impersonate others; (i) interfere with others’ use of the Services; (j) upload malware/viruses; (k) attempt to bypass security; (l) scrape or spider the Services without consent. We may suspend or terminate accounts for violations.

SECTION 14 – TERMINATION

We may suspend or terminate your access at any time. You remain liable for amounts due up to the date of termination. Sections that by nature should survive (including IP, Feedback, Disclaimers, Liability, Indemnity, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy) will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES (UK)

The Services and all products are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted or error-free. To the extent permitted by UK law, we disclaim all warranties, conditions and terms, express or implied, including implied terms of satisfactory quality, fitness for a particular purpose and non-infringement. Nothing in these Terms limits or excludes any warranties or remedies that cannot be limited or excluded under UK consumer law. Your statutory rights are not affected.

SECTION 16 – LIMITATION OF LIABILITY (UK)

To the fullest extent permitted by law, we shall not be liable for: (a) loss of profits, revenue, savings, data, business, or goodwill; (b) indirect or consequential loss; (c) replacement or cover costs; arising out of your use of the Services or products.
We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under UK law.
For consumers, we will be responsible for loss or damage that is a foreseeable result of our breach or negligence. Nothing in this Section affects your statutory rights under the Consumer Rights Act 2015.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Bottle and Brush and our officers, employees, agents and service providers from third-party claims arising from your breach of these Terms or violation of law/third-party rights, except to the extent such claims arise from our negligence, breach of statutory duty or wilful misconduct. We’ll notify you of claims where reasonably possible and you will cooperate in the defence. We will not settle any claim imposing non-monetary obligations on you without your consent (not unreasonably withheld).

SECTION 18 – SEVERABILITY

If any provision is unlawful, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable; if not possible, it shall be deleted. The remainder remains in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision is not a waiver. These Terms, together with policies referenced herein, constitute the entire agreement between you and us regarding the Services and supersede prior terms. Any ambiguities shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer these Terms at any time.

SECTION 21 – GOVERNING LAW & JURISDICTION (UK)

These Terms and any dispute or claim (including non-contractual disputes) are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except that consumers resident in Scotland or Northern Ireland may bring proceedings in their local courts. If you are a consumer, you will benefit from any mandatory provisions of the law of your country of residence.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO THESE TERMS

You can review the current Terms at any time on this page. We may update these Terms from time to time. Where required by law, we will notify you of material changes; otherwise, changes take effect when posted. Your continued use of the Services constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms: info@bottleandbrush.co.uk

Our contact information is also posted below: info@bottleandbrush.co.uk