BY ACCEPTING THESE TERMS OF BUSINESS YOU ARE CONFIRMING YOU ARE OVER 18
Terms and Conditions of Business
This page (together with our Privacy and Cookies Policy tells you information about us, about our website and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them and are willing to be bound by them in full, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order or purchase any Products from our site.
You should print a copy of these Terms or save them to your computer or a memory device for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. The date when these Terms were most recently updated is stated at the end of this page.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1. We operate the website www.joiedevin.co.uk. We are Joie de Vin Ltd, a company registered in England and Wales under company number 9574244 and with our registered office and trading address at 7 Bereweeke Avenue, Winchester, Hants SO22 6BH.
1.2. Contacting us if you are a consumer:
(a) If you wish to contact us for any reason, you can contact us or by e-mailing us at email@example.com or by telephoning 01962 622067
(b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3. Contacting us if you are a business. You may contact us by e-mailing us at firstname.lastname@example.org or by telephoning 01962 622067
1.4. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 9.3.
2. Our Products
2.1. The images of the Products on our site are for illustrative purposes only.
2.2. Although we have made every effort to be as accurate as possible, alcoholic content, content of particular grape descriptions and other descriptions may vary from those on the site.
2.3. The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use, Privacy and Cookies Policy. Please take the time to read these, as they include important terms that apply to you, your use of our website and our use of data about you and your browsing habits.
4. How we use your personal information
We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read our Privacy and Cookies Policy, as it includes important terms that apply to you, your use of our website and our use of data about you and your browsing habits.
5. RESPECTING THE LAW
5.1. You may only purchase Products from our site if you are at least 18 years old. It is a criminal offence in the UK for any person:
(a) under the age of 18 to buy, or attempt to buy wine or any other intoxicating liquor; or
(b) over the age of 18 to buy or attempt to buy intoxicating liquor for any person who is under the age of 18.
5.2. By placing an order for any Products you warrant and represent to us that you and the recipient of the wine are both at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they may request some form of ID. In the event that satisfactory ID is not provided by the recipient of the Products the couriers are not permitted to complete the delivery.
5.3. We reserve the right to use the personal details you provide on the order form and/or when opening an account to validate your age by using appropriate third party databases. By accepting these terms and conditions you consent to such checks being made by us or our authorised agents and to our disclosure of your personal information to our agents for this purpose. If we are concerned that you may not be old enough to purchase any Products lawfully we may contact you to ask for proof of age or we may decline to sell any Products to you.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1. You confirm that you have authority to bind any business on whose behalf you use our site to purchase any Products.
6.2. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that neither this step nor your authorisation of payment for the Products means that we have entered into a Contract with you.
7.3. The Contract between us will only be formed and binding on both us when we have accepted your payment and subject to clause 7.4 below.
7.4. If we are unable to supply you with any Product(s) you have ordered, we will inform you of this by e-mail and we will not accept or process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as reasonably practicable. For example, we may decline to accept an order from you if that Product is not in stock, is no longer available for us to bring into stock, due to your payment not being authorised or processed satisfactorily, because we cannot meet your requested delivery date, due to us not being able to verify your age to our satisfaction, due to a change to our Terms before your order is accepted, or because of an error in the price or Product details on our site.
8. Our right to vary these Terms
8.1. We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated.
8.2. Every time you order Products from us, the Terms in force at the time of your order (as stated on our site) will apply to the Contract between you and us (if we elect to enter into the relevant Contract).
8.3. We may revise these Terms after the relevant order has been placed to reflect changes in relevant laws and regulatory requirements.
8.4. If we have to revise these Terms after the relevant order has been placed, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2. Your legal right to cancel a Contract starts from the date we accept your payment, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.3. To cancel a Contract, you may use a copy of the form which is attached at the back of these Terms as a schedule. You can also e-mail us at email@example.com or by post to Joie de Vin Ltd at 7 Bereweeke Avenue, Winchester, SO22 6BH. If you are e-mailing us or writing to us, please include details of your order (including your order number) to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.4. If you cancel your Contract, we will:
(a) refund you the price you paid for the Products you return. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. We will not accept opened bottles. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) If you have not received the Product: 14 days after you inform us of your decision to cancel the Contract
9.5 If you have returned the Products to us under this clause 9 because they are faulty (e.g. corked, oxidised or appear otherwise out of condition in the period during which this should not be the case) or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. If you believe any Products are faulty or mis-described, you should not open and/or consume more than two bottles from the same order or case after forming the opinion that the Products are faulty or mis-described. Please do note, however, that most Products naturally have a date by which they should be consumed and after which they will not be palatable without being in any way faulty.
9.6 We will refund you on the credit card or debit card used by you to pay, or to your PayPal account. If you used vouchers to pay for the Product we may refund you in vouchers
9.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(b) unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us.
9.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1. The delivery date will normally be within 30 days after the date on which we e-mail you to acknowledge your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
10.2. If no one is available at your address to take delivery, our courier will leave you a note that the Products have been returned to their premises, in which case, please contact our courier us to rearrange delivery.
10.3. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your sole responsibility from that time.
10.4. However, you own the Products from the time the Contract is formed.
This clause 10.5 only applies if you are a consumer.
10.5. If we miss the 30 day delivery deadline for any Products then you may cancel your Order
10.6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
11. International delivery
We do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12. Price of products and delivery charges
12.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed if we accept the order and a Contract is formed between us.
12.3. The price of a Product includes UK taxes at the applicable current rate chargeable in the UK. However, if the rate of Tax changes between the date of your order and the date of delivery, we will adjust the tax you pay, unless you have already paid for the Products in full before the change in tax takes effect.
12.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid
13. How to pay
13.1. You can only pay for Products using a debit card or credit card or via your PayPal account.
13.2. Payment for the Products and all applicable delivery charges is in advance.
14. Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
14.2. Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3. Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by both you and us at the time we entered into this contract.
15.2. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15.3. We will not be liable for loss or damage caused by you or the recipient of the order handling the wine. In particular, we will not be liable for spillages or breakages, or the conduct or actions of any person who is under the influence of alcohol as a result of consumption of any Product(s).
16. Events outside our control
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2. An “Event Outside Our Control” means any act or event beyond our reasonable control [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.]
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4. You may cancel a Contract affected by an Event Outside Our Control that has continued for more than 45 days. To cancel a Contract please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. Communications between us
17.1. When we refer, in these Terms, to "in writing", this will include e-mail.
17.2. If you are a consumer you may contact us as described in clause 1.2.
17.3. If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 12.00 noon on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
18.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
These Terms were last updated on 1st October 2015.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),