1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (“Terms”) on which we supply wine products ordered by you (“Products”) to you.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Sale of alcoholic beverages. All sales made under these Terms are subject to all current UK Licensing laws. You must be 21 years of age or over to browse, use or purchase Products from our Website as stipulated by UK law and you may be required to provide identification at any point in dealing with us. If you are under the age of 21, you must cease to use the Website immediately.
1.4 Use of products for personal use only. Orders placed on our Website are intended to be for you as a consumer for personal use only and if they are used or purchased for business purposes, we shall bear no responsibility or Liability.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Refined Wine Club LTD. a company registered established in England and Wales. Our company registration number is 10987584 and our registered office is at Block B, Occ Estate, 105 Eade Road, London, United Kingdom, N4 1TJ.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
2.5 References to “Refined Wine Club”,”we”, “our”, or “us” throughout this Website means Refined Wine Club Ltd.
2.6 ” Website” means www.refinedwineclub.com
3. OUR CONTRACT WITH YOU
3.1 Using our Website. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
3.2 Setting up you account. By creating an account on our Website, you represent and warrant that:
(a) all information you submit is accurate and truthful;
(b) you have permission to submit personal information and payment information as the cardholder AND
(c) you will keep your information accurate and up-to-date..
3.3 How we will accept your order. Our acceptance of your order will take place when we email an order confirmation (“Order Confirmation”), at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.5 Your order number. We will assign an order number to your order and tell you what it is at the time of the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 We only sell to the UK and Europe. Our Website is solely for the promotion of our Products in the UK and Europe excluding Switzerland.
4. PRODUCT IMAGES
The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, the actual tones, colours and measurements may vary slightly from the digital images.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with these Terms.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Changes to orders. Products are subject to availability. We reserve the right to withdraw or substitute Products in your order subject to giving you prior notice and to withdraw special offers or amend pricing. We further reserve the right to refuse any orders in our sole discretion. If we refuse an order to cancel the order at our discretion, we will advise you in writing and issue refunds in accordance with these Terms.
6.2 Changes to Website and these Terms. We reserve the right to make changes to the Website and these Terms at any time. New and amended Terms shall supersede any previous terms and shall apply immediately to any pending orders not yet dispatched and all future orders thereafter.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the Products to you. We are unable to guarantee delivery times or days and tracking details will be provided to you once the Products have been dispatched. If the Products are part of ongoing subscriptions, we will also tell you during the order process when and how you can end your subscription and any contract formed between us. A late delivery shall not constitute a breach of these terms by us.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Changes to delivery address. You can make changes to delivery addresses on your account on our Website at any time provided that any changes made 14 days before the first of the month shall not be effective and we will dispatch your order to the previous address. We cannot accept deliveries to post office box addresses.
[7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Products cannot be delivered in person, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Please note that we reserve the right to request our couriers to verify age
identification and if this cannot be provided, delivery will not be possible.]
7.6 If you do not re-arrange delivery. If after a failed delivery to you, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in accordance with these Terms.
7.7 When you become responsible for the goods. Risk of damage to or loss of any Products will be your responsibility from the time we deliver the Product to you.
7.8 When you own goods. You own the Products once we have received payment in full.
7.9 Missing or damaged items in your order. Please check your order carefully for missing or damaged items. If you sign for your order without inspecting the goods, it will be assumed that they have been received in good condition.
Please keep your delivery note and all packaging until you are satisfied with your order. Please notify us immediately and within 24 hours if there are any damaged or missing items.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for legal or regulatory reasons, or notify you we are going to suspend them for these reasons.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund and in case of subscriptions, this will only apply to your first delivery of Products. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. To cancel your subscription, you will need to contact us [seven] calendar days before your renewal date. Your renewal date falls on the same day of the month you ordered your first subscription box of Products. We will not accept cancellation notice before this time and your next box of Products will be dispatched and we will proceed with the delivery and no refunds can be given.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed and you have notified us of the same within the prescribed timelines herein; or
(b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment less any deduction for any improper handling of the goods by you. Bottles must not be opened, seals not broken and labels not scratched.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible but no later than 14 days after the contract has been ended or returned goods have been received by us.
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the Product (which includes VAT) will be the price In British Pounds (GBP) indicated on the order pages when you placed your order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.4 When you must pay and how you must pay. We accept payment with most credit and debit cards. Payment will be taken on the day an order is placed and confirmed. Where you enter into a contract with us to be supplied with a regular delivery of wine, you agree to us holding your payment details and charging your registered payment
method as agreed. You also agree to us requesting updated details from your payment provider should the details of your payment method change and to charge the updated payment method in the same way as the original payment method. We reserve the right to take payment from another registered payment card if your default payment method
10.5 Continuous Payment Authority for subscription orders. Regular payments will be made via your chosen credit or debit card. It should be noted that this is not a Direct Debit therefore payments are not covered by the Direct Debit Guarantee. We will use a Continuous Payment Authority (CPA) that allows us to attempt to transaction payments after a previous failed payment attempt. The advantage of CPA is that you will not incur any charges directly from us or your bank for a failed payment that you could incur with a direct debit.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any 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 order process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we may use your personal information. Your privacy is important to us. In compliance with the General Data and Protection Regulation 2016/679, we will only use your personal information as set out in our www.refinedwineclub.com/privacy-policy
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. [ If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided].
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
13.6 Intellectual Property. All intellectual property rights in the Website, including but not limited to copyright, is the property of Refined Wine Club or our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
13.7 Links to other websites. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Refined Wine Club or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
13.8 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by is governed by the law of England and Wales. You and we irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction in relation to any dispute arising out or in connection with these Terms, their subject matter or their formation (including any non-contractual disputes or claim).