Terms & Conditions
Welcome to Boire. These terms (the “Terms”) apply when you use www.boire.shop or any of our mobile applications (the “Platform”). Our Platform and the ability to purchase items is in part powered by a third party e-commerce provider, Shopify Inc. Their terms of service also apply when you use our Platform. You can read these terms at www.shopify.com/legal/terms (“Shopify Terms of Service”). Please read these Terms and the Shopify Terms of Service carefully as, by using the Platform, you confirm you accept these Terms and the Shopify Terms of Service. If you do not agree with these Terms or the Shopify Terms of Service, please do not use our services. As a consumer you have certain legal rights. You can find out more about these legal rights at www.citizensadvice.org.uk/consumer/. These Terms apply in addition to your legal rights, and are not intended to replace them.
Boire is operated by Boire Limited, a company registered in England and Wales and whose registered office is at 81 South Parade, London W4 5LF. Our company registration number is 11000668 and our VAT number is 310 5019 62. You can contact us at email@example.com. In these Terms we are referred to as “Boire”, “we”, “us” and “our”.
What we do
Boire allows you to order alcoholic and non-alcoholic drinks for delivery and aims to deliver these to you as soon as possible on the same day, usually within 45 minutes of you placing an order. Our operating hours may vary depending on your location and the day of the week. Please refer to the Platform on the day you wish to order for the specific hours we are operating in your area at that time. You will not be able to order items for delivery if we are not operating at the time you wish to order.
Access to the Platform
The Platform is intended for use only by persons who are at least 18 years of age. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Platform and is compatible with the Platform. We cannot guarantee the continuous, uninterrupted or error-free operability of the Platform. There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.
Intellectual property rights
All intellectual property rights in any content on the Platform (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform. In the event you print off, copy or store pages from the Platform (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
You need to set up an account on our Platform to place an order with us. You will need to set up a secure password, and also provide us with details such as your name and address.
Please keep your password and account details secure. If another person uses these details to access your account, you will be responsible to pay for any items they order. You must inform us immediately if you become aware of any unauthorised access to your account. Boire is not responsible for any losses you suffer, unless the person accessed your account because we did not keep your account secure. We may suspend access or terminate your account if there is any type of suspicious activity or for any other reasonable reason. This includes but is not limited to a suspicion that someone else is using your account or that you are claiming refunds for which you are not entitled.
When you place an order on our Platform, you submit an offer to purchase the items. We will then notify you and send you an order confirmation. Please note that an order confirmation from us does not constitute our acceptance of your order. A contract will only be formed for the supply of the items once we notify you the items have been dispatched. All items ordered by you on the Platform are subject to availability. If an item is not available, we may contact you to offer you alternatives. We reserve the right to change any minimum order values required from time to time. You will be notified of any minimum order value before checkout or payment. To ensure availability of all our products, we may limit the number of items you can purchase.
If you wish to cancel an order before a dispatch notice from us has been sent to you please contact us immediately at firstname.lastname@example.org. If you cancel any order after it has been dispatched you will be charged for delivery. Prior to dispatch, Boire may notify you that your order has been cancelled in whole or in part at any time. You will not be charged for any orders cancelled by us.
We work with third parties to deliver your items (“Delivery Partners”). You must be available to accept delivery from the time you place the order. Please note adverse weather conditions, traffic, or other events outside of our reasonable control may result in orders being delivered late by our Delivery Partners or cancelled by us. We will try to make things right if this happens but any actions we take in relation to late or cancelled deliveries are at our discretion. Please note that once your order has been confirmed by us it is not possible to change the delivery address. Our Delivery Partners will only make deliveries for age restricted products when an appropriate person is able to receive the delivery and appropriate evidence of your age is provided. Our Delivery Partners generally operate a Challenge 25 policy. If you tell us to instruct our Delivery Partner to leave your order unattended at the delivery address, our Delivery Partner has full discretion to decide whether to follow that instruction or not. You will still be charged for the items and the delivery fee if we are unable to deliver the items to you and it is your fault. This may include but is not limited to you not answering the door, providing the wrong address or not being able to provide evidence of your age for any age restricted products. Due to delivery constraints, we may be required to impose a limit on the items and/or quantities of items in your order. Alternatively we may send your order in multiple deliveries.
Our delivery charges may vary from time to time. You will be advised of the delivery charge for your order before checkout and payment.
We may from time to time offer promotions or discounts on items via our Platform. These offers are made at our discretion and they are subject to change or be removed at any time.
Our prices include VAT. We reserve the right to change our prices, either for items or delivery, at any time. Prices will be confirmed to you prior to checkout and before you pay. No changes we make will affect existing confirmed orders (unless there has been an obvious pricing mistake). We may from time to time operate dynamic pricing and so pricing may change whilst you are browsing. Payment is made by credit or debit card via our third party payment processor, Shopify, Inc. Payment may also be made by Boire vouchers or account credits (subject to any applicable terms). You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Something wrong with the items?
The items you receive from us should be of satisfactory quality and must comply with any specific requirements we tell you about as part of the item description on the Platform. If you do not believe this is the case please contact us at email@example.com. We may ask you to send us a photograph showing us the problem. Unless we have reasonable cause to believe the problem with the item was caused after delivery, we will provide a refund or account credit in respect of the affected item, and the costs of the delivery if the whole order was affected. In any event, our liability to you is limited to the total cost of the order and the delivery charge. When assessing whether a refund is due we may take relevant factors into account such as your account history.
You have a legal right to cancel the contract for any non-perishable items ordered via our Platform provided you notify us within 14 days of the date of your delivery and providing you have not unreasonably or unnecessarily handled or damaged the items or their packaging. Please contact us at firstname.lastname@example.org and we will advise you of the return address. You are responsible for the cost of packaging the items appropriately and returning the items to us. Following receipt by us of the returned items we will credit you within 30 days via the payment card you used for the purchase.
The sale of alcohol is age restricted by law. Alcohol can only be sold to persons aged 18 and over. By placing an order for alcohol on our Platform you confirm that you are at least 18 years old. Our Delivery Partners generally operate a Challenge 25 policy and, as such, the person receiving the delivery may, if they look under the age of 25, be asked to provide proof of their age. Our Delivery Partners may refuse delivery of the item if you are unable to provide a valid photo ID. Our Delivery Partners may also refuse to sell alcohol to any person who is, or appears to be, under the influence of alcohol or drugs.
We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an 'as is' and 'as available' basis and at your sole risk. Whilst we try to make sure that all information contained on the Platform (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. Except as expressly set out here, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content. We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Whilst we have taken reasonable steps to depict items on the Platform as accurately as possible through the photographs and other images featured on the Platform, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of an item when you receive it.
The Platform may, from time to time, allow you to upload user-generated content (“User Submissions”). We do not control the material submitted in User Submissions. You are solely responsible for the content of your User Submissions as submitted by you.
User Submissions must not:
- contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable;
- impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
- contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
- transmit or distribute any virus and/or other code that has contaminating or destructive elements.
You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
The Platform may, from time to time, include links to external sites. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with their operators or promoters.
We will not be in breach of these Terms as a result of any delay or failure in the performance of our obligations due to a cause or circumstance beyond our reasonable control. We are not the manufacturer or producer of items sold on our Platform. While we try to ensure that product information on our Platform is correct, manufacturers may alter their product information. You should always read the labels, warnings and instructions provided with any products before using or consuming them and not rely on the information presented on our Platform. Our maximum liability to you arising out of any order made using our Platform shall be limited to the total value of the order as stated on your receipt. Nothing in these Terms will restrict our liability for death or personal injury resulting from our gross negligence, fraudulent misrepresentation, for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded, or for any other liability that, by law, may not be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
We may change these Terms from time to time. These terms were last updated on 22nd June, 2021. If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person delays enforcing it, or waives their right to enforce it at any time. If a court of authority decides a term is illegal or invalid, the rest of the Terms will be unaffected and will remain in force. These Terms are governed by English law and you can bring legal proceedings in the English courts.