Please read the terms and conditions
("Terms and Conditions") set out below carefully before ordering any
Goods or Services from this Website. By ordering any Goods or Services from
this Website, by phone, or by our mobile applications you agree to be bound by
these Terms and Conditions.
Section 1:
Introduction We are Bottle Runners, a brand of http://www.bottlerunners.ca unless otherwise stated.
Section 2: Definitions
2.1. "Agreement" is a reference to these Terms and Conditions, the
Privacy Policy, any order form and payment instructions provided to you;
2.2. "Privacy Policy" means the policy displayed on our website that
details how we collect and store your data;
2.3. "you", "your" and "yours" are references to
you the person accessing this Website and ordering any Goods or Services from
the Website or any other channel provided by Bottle Runners;
2.4. "we", "us", "our", and "bottle runners"
are references to the Company;
2.5. "Goods" is a reference to any goods which we may offer for sale
from our website from time to time;
2.6. "Service" or "Services" is a reference to any service
which we may supply and that you may request via our website.
2.7.
"Participating Runners" is a third party, which has agreed to
co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8.
"Alcohol Delivery" is a reference to a delivery service, which are
provided by our Participating Runners for which our Participating Runners take
full responsibility; and
2.9. "Website"
is a reference to our Website http://www.bottlerunners.ca or our mobile
applications on which we offer our Goods or Services.
Section 3: Ordering
3.1. Any contract for the supply of Alcohol Delivery from this Website is between you and the Participating Runner; for the supply of Goods or Services from this Website any contact is between you and the bottle runners App. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your credit or debit card and that you have sufficient funds to make the payment.
3.2. Alcohol Delivery, purchased from this Website is intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. Please note that our Goods are suitable for adults 19 years and older.
3.4. When ordering from
this Website you may be required to provide an e-mail address and password. You
must ensure that you keep the combination of these details secure and do not
provide this information to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to do
so, to keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer if
a third party procures unauthorized access to any data you provide when
accessing or ordering from the Website.
3.6. Any order that you place with us is subject to product availability,
delivery capacity, and acceptance by us and the Participating Runner. When you
place your order online, we will send you an email to confirm that we have
received it. This email confirmation will be produced automatically so that you
have confirmation of your order details. You must inform us immediately if any
details are incorrect. The fact that you receive an automatic confirmation does
not necessarily mean that either we or the Participating Runner will be able to
fill your order. Once we have sent the confirmation email, we will check
availability and delivery capacity.
3.7. If the ordered Alcohol Delivery and delivery capacity are available, the
Participating Runner will accept the contract and confirm it to the bottle runners App. If the details of the order are correct, the contract for the Alcohol
Delivery will be confirmed by text message (SMS).
3.8. In the case that Goods offered by bottle runners App were ordered,
bottle runners App will confirm availability together with or separately from
Alcohol Delivery.
3.9. The confirmation message will specify delivery details including the
approximate delivery time specified by the Participating Runner and confirm the
price of the Alcohol Delivery service.
3.10. If the Alcohol Delivery and/or goods are not available, we will also let
you know by text message (SMS) or phone call.
Section 4: Prices and Payment
4.1.
Any contract for the supply of Alcohol Delivery from this Website is between
you and the Participating Runners; for the supply of Goods or Services from
this Website any contact is between you and the bottle runners App. You agree to
take particular care when providing us with your details and warrant that these
details are accurate and complete at the time of ordering. You also warrant
that the credit or debit card details that you provide are for your credit
or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publication
and have been input as received by Bottle Runners. We also reserve the right to
alter the Goods or Services available for sale on the Website.
4.3. All prices listed on the Website for Alcohol Delivery by Bottle Runners
reflect the price at the time of listing.
4.4. All prices for
delivery by bottle runners or a third-party provider assigned by bottle runners listed on the Website are correct at the time of publication, however, we
reserve the right to alter these in the future
4.5.
The total price for Alcohol Delivery will be displayed on the Website when you
place your order. Full payment must be made for all Goods despatched and
Services provided. Payment must be made in cash or, if available on the website,
by online payment, e.g., credit or debit card.
4.6. If you choose online
payment, you must pay for your order before it is delivered. To ensure that
shopping online is secure, your debit/credit card details will be encrypted to
prevent the possibility of someone being able to read them as they are sent
over the internet. Your credit card company may also conduct security checks to
confirm it is you placing the order.
4.7.
The prices reflected on the website/mobile application/email are determined
solely by Bottle Runners and informed to the bottle runners App at the time of
listing or afterward. Any change in the prices of the menu at the time of
placing an order is at the sole discretion of Bottle Runners.
4.8. The prices reflected on the website/mobile application are determined
solely by bottle runners at the time of listing. Any change in the prices of the
menu at the time of placing an order is at the sole discretion of bottle runners.
4.9. The transaction of sale of alcohol or goods between Participating Runner and
the customer, and accordingly, bottle runners is not liable to charge or deposit
any taxes applicable on such transaction
4.10. The final tax invoice will be issued by bottle runners and delivered to
the customer along with the order
4.11. The prices reflected on the website/mobile application are determined
solely by the bottle runners and informed to the bottle runners App at the time
of listing. Any change in the prices of the menu at the time of placing an order
is at the sole discretion of the bottle runners.
4.12. The transaction of sale of Alcohol is between Participating Runners and
the customer, and accordingly, the bottle runners App is not liable to charge or
deposit any taxes applicable on such transaction.
Section 5: Delivery
5.1. Delivery periods quoted at the time of ordering are approximate only and
may vary. Goods will be delivered to the address designated by you at the time
of ordering.
5.2.
If delivery is done by the Participating Runner, it is the Participating
Runners’ sole responsibility to provide Alcohol Delivery promptly.
5.3.
All orders are delivered by a reputable courier. We and the Participating
Runner will make every effort to deliver within the time stated, however, we
will not be liable for any loss caused to you by ordering late. If the Goods
are not delivered within the estimated delivery time quoted by us, please
contact the Participating Runner. You may also contact us by telephone or email,
and we will try to ensure that you receive your order as quickly as possible.
5.4. In case of a late delivery, the delivery charge will neither be voided nor
refunded by bottle runners.
5.5.
All risks in the Goods and the Alcohol Delivery shall pass to you upon
delivery.
5.6. If you fail to accept delivery of Alcohol at the time it is ready for
delivery, or we are unable to deliver at the nominated time due to your failure
to provide appropriate instructions or authorizations, then such goods shall be
deemed to have been delivered to you and all risk and responsibility about such goods shall pass to you. Any storage, insurance, and other
costs which we incur because of the inability to deliver shall be your
responsibility and you shall indemnify us in full for such costs.
5.7.
You must ensure that at the time of Alcohol Delivery of Goods adequate
arrangements, including access where necessary, are in place for the safe
delivery of such goods. We cannot be held liable for any damage, cost, or
expense incurred to such goods or premises where this arises as a result of a
failure to provide adequate access or arrangements for delivery.
5.8.
Participating Runners who will prepare your order, aim
5.8.1. to deliver the product to you at the
place of delivery requested by you in your order;
5.8.2.
to deliver within the time confirmed by Participating Runner;
5.8.3. to inform you if they expect that they are unable to meet the estimated
delivery time.
5.9.
Participating Runners and we shall not be liable to you for any losses,
liabilities, costs, damages, charges, or expenses arising out of late delivery;
5.10. Please note that it might not be possible for Participating Runners to
deliver to some locations. If this is the case, our Participating Runners or we
will inform you using the contact details that you provide to us when you make
your order and arrange for cancellation of the order or delivery to an
alternative delivery address.
6: Cancellation
6.1.
You must notify the Participating Runner immediately if you decide to cancel
your order, preferably by phone, and quote your order number. If the
Participating Runner accepts your cancellation, no cancellation fee applies. If
the Runner refuses cancellation, e.g. because the delivery personnel has
already been dispatched, it may not be canceled. We will not be able to refund
any order, which has been already dispatched.
6.2. We may cancel a contract if the product is not available for any reason.
We will notify you if this is the case and return any payment that you have
made;
6.3.
If the cancellation was made in time and once the Participating Runner has
accepted your cancellation, we will refund or re-credit your debit or credit
card with the full amount within 14 days.
6.4.
In the unlikely event that the Participating Runner delivers a wrong item, you
have the right to reject the delivery of the wrong item and you shall be fully
refunded for the missing item. If the Participating Runner can only do a
partial delivery (a few items might be not available), the Runner should inform
you or propose a replacement for missing items. You have the right to refuse a
partial order before delivery and get a refund. We are not responsible for
wrong or partial delivery. The issue must be settled directly with the
Participating Runner.
Section 7: Information
7.1. Where we have requested information from you to provide Alcohol Delivery,
Goods, or Services you agree to provide us with accurate and complete
information.
7.2. You authorize us to use, store or otherwise process your personal
information to provide the Alcohol Delivery to you.
7.3. You are entitled to
request a copy of the personal information we hold on you. Please contact us if
you wish to request this information.
Section 8: Linked Sites There may be several
links on our Website to third-party Websites which we believe may be of
interest to you. We do not represent the quality of the Goods or Services
provided by such third parties nor do we have any control over the content or
availability of such sites. We cannot accept any responsibility for the content
of third-party Websites or the Services or Goods that they may provide to you.
Section 9: Complaints We take complaints
very seriously and aim to respond to your complaints within 5 business days.
All complaints should be addressed to [email protected].
Section 10: Limitation of Liability
10.1. Great care has been taken to ensure that the information available on
this Website is correct and error-free. We apologize for any errors or
omissions that may have occurred. We cannot warrant that use of the Website
will be error-free or fit for purpose, timely, that defects will be corrected,
or that the site or the server that makes it available is free of viruses or
bugs or represents the full functionality, accuracy, reliability of the Website
and we do not make any warranty whatsoever, whether express or implied,
relating to fitness for purpose, or accuracy.
10.2.
By accepting these terms of use you agree to relieve us from any liability
whatsoever arising from your use of information from any third party, your use
of any third-party website, or your consumption of alcohol from a Participating
Runner
10.3. We disclaim all liability to you for the supply of the Alcohol Delivery
to the fullest extent permissible under applicable law. This does not affect
your statutory rights as a consumer. If we are found liable for any loss or
damage to you such liability is limited to the amount you have paid for the
relevant Goods or Services. We cannot accept any liability for any loss, damage,
or expense, including any direct or indirect loss such as loss of profits to
you. This limitation of liability does not apply to personal injury or death
arising as a direct result of our negligence.
10.4. We do not accept any
liability for any delays, failures, errors, omissions, or loss of
transmitted information, viruses, other contamination, or destructive
properties transmitted to you or your computer system via our website.
10.5. We shall not be held liable for any failure or delay in performing
Services or delivering Goods where such failure arises as a result of any act
or omission, which is outside our reasonable control such as all overwhelming
and unpreventable events caused directly and exclusively by forces of nature
that can be neither anticipated, nor controlled, nor prevented by the exercise
of prudence, diligence, and care, including but not limited to: war, riot,
civil commotion; compliance with any law or governmental order, rule,
regulation or direction and acts of third parties.
10.6. If we have contracted to provide identical or similar orders to more than
one Customer and are prevented from fully meeting our obligations to you because of an Event of Force Majeure, we may decide at our absolute discretion
which orders we will fill and to what extent.
10.7. The products sold by us are provided for private domestic and consumer
use only. Accordingly, we do not accept liability for any indirect loss,
consequential loss, loss of data, loss of income or profit, loss or damage to
property, and/or loss from claims of third parties arising out of the use of
the Website or for any products or services purchased from us.
10.8. We have taken all reasonable steps to prevent Internet fraud and ensure
any data collected from you is stored as securely and safely as possible.
However, we cannot be held liable in the extremely unlikely event of a breach
in our secure computer servers or those of third parties.
10.9. In the event bottle runners have a reasonable belief that there exists an
abuse of vouchers and/or discount codes or in suspected instances of fraud, bottle runners may cause the shopper (or customer) to be blocked immediately and reserves the
right to refuse future service. Additionally, should there exist an abuse of
vouchers or discount codes, bottle runners reserve the right to seek
compensation from any violators.
10.10.?Offers are subject to bottle runners' discretion and may be withdrawn at
any time and without notice.
Section 11: General
11.1.
All prices are in Canadian dollars.
11.2. We may subcontract any part or parts of the Services or Goods that we
provide to you from time to time and we may assign or novate any part or parts
of our rights under these Terms and Conditions without your consent or any
requirement to notify you.
11.3. We may alter or vary the Terms and Conditions at any time without notice
to you.
11.4.
Payment must be made either at the time of ordering the Alcohol Delivery from
us by credit card or at the time of delivery by cash. Failure to pay on time
will result in the cancellation of your order.
11.5. Do not use or launch
any automated system or program in connection with our website or its online
ordering functionality;
11.6. Do not collect or harvest any personally identifiable information from
the website, use communication systems provided by the website for any
commercial solicitation purposes, solicit for any reason whatsoever any users
of the website concerning their submissions to the website, or publish or
distribute any vouchers or codes in connection with the website, or scrape or
hack the website.
11.7. The Terms and Conditions together with the Privacy Policy, any order form,
and payment instructions constitute the entire agreement between you and us. No
other terms whether expressed or implied shall form part of this Agreement. In
the event of any conflict between these Terms and Conditions and any other term
or provision on the Website, these Terms and Conditions shall prevail.
11.8. If any term or condition of our Agreement shall be deemed invalid,
illegal, or unenforceable, the parties hereby agree that such term or condition
shall be deemed to be deleted and the remainder of the Agreement shall continue
in force without such term or condition.
11.9. These Terms and Conditions and our Agreement shall be governed by and
construed by the laws of India. The parties hereto submit to
the exclusive jurisdiction of the courts of India.
11.10. No delay or failure on our part to enforce our rights or remedies under
the Agreement shall constitute a waiver on our part of such rights or remedies
unless such waiver is confirmed in writing.
11.11. These Terms and Conditions and a Contract (and all non-contractual
obligations arising out of or connected to them) shall be governed and
construed by Canadian Laws. Both we and you hereby submit to
the non-exclusive jurisdiction of the Canadian Courts. All dealings,
correspondence, and contacts between us shall be made or conducted in the
English language.