In these Terms, references to “we”, “us” or “seller” are to The Real Wine Cellar of 85 London Road, Cheltenham, GL52 6HL trading as Whisper Vines. A company incorporated in England and Wales with the registered number 08717977, with the registered VAT number 171950990.
You means the person who buys or agrees to buy the goods from the Seller.
Conditions means the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods means the articles that you agree to buy from us.
Price the price for the Goods including Duty, excluding VAT and any carriage, packaging and insurance costs.
We/Us/Seller means The Real Wine Cellar of 85 London Road, Cheltenham, GL52 6HL trading as Whisper Vines.
Sites means the website or brochure.
Terms of Sale
· The placing of an order through our sites does not constitute a contract, which is made solely when we receive and accept your order and process your payment.
· In accordance with UK laws we will not sell alcohol, or deliver alcohol, to anyone below the age of 18. We reserve the right to withhold delivery if we are unsure of your age.
· The minimum purchase is 6 standard bottles (750ml).
· All of the goods we offer are subject to availability. Our site operates in such a way that you can see which Goods are unavailable. Should goods be unavailable after you have placed your order we will get in touch to make further arrangements or replacements acceptable to you in order to complete the ordering process.
· You will have options provided to you when placing your order on the site.
· We operate a Next Day Delivery service as standard, this means orders received before 12 noon can be dispatched to the couriers on the same day and arrive to the delivery address by the next working day.
· The delivery times, dates and delivery prices are subject to the delivery options you choose when placing your order.
· Our deliveries are made by third party couriers (APC Couriers). These deliveries may require a signature. If you are out, the delivery may be completed in accordance with any instructions that you have given us when you placed your order, such as placing your order in a safe place or to a neighbor. In the event that the delivery has failed a card informing you of the attempted delivery shall be posted through your letterbox, containing instructions on how to re-arrange delivery.
· Please keep your delivery notes and notify us immediately if any part of your order is missing or damaged. In the case of damage please retain all packaging.
· Deliveries on orders over £100 will not be charged.
· Our prices are inclusive of UK VAT.
· All of our prices are in UK Pounds Sterling, either by the bottle or by the case as marked. These prices include UK Duty (unless otherwise stated).
· Any delivery charges are additional, unless otherwise stated.
· Whilst we strive to ensure that all pricing on our Sites is correct, errors may sometimes occur, causing products to be incorrectly priced. In the event that a product you have ordered is incorrectly priced we will get in touch with you via email or telephone in order to confirm if you still wish to proceed at the correct price or cancel your order. We will not be obliged to supply goods to you at the incorrect price.
· With any mixed cases offered with a general percentage discount, the price offered for the discounted case will be relative to the non-discounted prices for the individual wines.
· We reserve the right to alter our prices and offers, as well as the goods and specifications of goods, at any time before we accept your order.
· Voucher codes can only be used once, unless otherwise stated, and have no cash alternative, are non-transferable and cannot be sold. If we suspect that a voucher is being used in breach of the conditions, we reserve the right to cancel the voucher code and either refuse to supply wines to you or charge the equivalent value of the voucher to the payment card used when the order is placed, we may also redeem the products, for which a charge for the recovery cost may be made.
Returns and Cancellations
· We will provide you with a full replacement or refund with any faulty wines. This will not affect your statutory rights.
· We may ask that any wines you wish to return due to faults be returned to us for inspection. We will get in touch with you to organise this at your convenience.
· If you wish to wholly, or partially, cancel an order, you may do so up to and including 14 calendar days after the day on which you receive your order. We will be in touch with you to organise the collection of the unwanted goods.
· In order to let us know if you want to cancel an order, please get in touch with us via email: [email protected].
· Refunds will be made through the same payment method you used to make the payment.
The use of the Sites
· In order for us to conform with licensing and other legislation, our Sites are only available to individuals aged 18 years and over. By using our Sites you agree that you are aged 18 or over. In the event that you are aged below 18 years you must not use the Sites.
· Your use of the Sites is permitted only if such use is for lawful purposes and your use does not infringe any rights of other individuals or entities or impact on their use and enjoyment of the Sites.
· Access to our Sites is permitted on a provisional basis and we reserve the right to withdraw or amend the services that we provide on the Sites without notice. If the Sites are unavailable at any time or for any length of time we will not be held liable. We reserve the right to suspend your use of the Sites at any time for any reason, including legal or regulatory reasons. If you break any of the terms we may terminate your access to our Sites and/or your account.
· The responsibility for making all necessary arrangements for your access to the Sites lies with you.
Your account with us
· Some parts of our Sites may require you to have a registered account with us in order to use the services or to buy products. By registering for an account you agree that:
o The personal information that you supply in registering your account as a customer is true and accurate.
o Any changes to your personal information must be updated immediately via your account settings.
o You shall not impersonate any person or entity; you must use your personal, real identity in the account.
· In the case that any of the information supplied by you is inaccurate or untrue, or if we suspect any information supplied by you is untrue or inaccurate, we reserve the right to terminate your use of the Sites or your account.
Your Comments, reviews and other content
· Our website provides you with the opportunity to post reviews, comments, ratings and other content.
· We provide you with this opportunity on the conditions that the content posted is not illegal, abusive, obscene, threatening, objectionable and/or defamatory. The aforementioned content may also not infringe intellectual property rights, invade privacy or cause injury to third parties. The content you post must also not include any software viruses and/or advertising of any kind.
· You are solely responsible for the posts you submit.
· We reserve the right, but are not obligated, to remove or edit any posts.
· Upon posting any content to our website, you:
o Permit us a non-exclusive, royalty-free, perpetual and fully sub-licensable right to use and disseminate as we see fit the content you have posted.
o Waive your right to be identified as the author of the content, we will not include any author names or personal information when using any of the content you post.
o Warrant and represent that you own or control all of the rights to the content posted,
o Warrant that any content posted is accurate, true and not misleading.
o Warrant that any content posted will not cause any injury to any person or entity, infringe their rights and/or contain any confidential information or trade secrets.
o You agree to indemnify us for all claims from a third party that arise out of or are connected with a breach of any of the above warranties or terms.
· You may not use a false email address or identity, or otherwise mislead as to the origin of any content generated.
Copyright and Intellectual Property Rights
· All rights reserved
· Any redistribution or reproduction of part or all of the contents of this website or content submitted on third party social media networks is prohibited other than the following:
o You may download to a local hard disk or print extracts for your personal and non-commercial use only.
· You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit the content or store it in any other website or other form of electronic retrieval system.
· All present and future copyright, design rights, unregistered designs, database rights, unregistered trade marks and any other present and future intellectual property rights are owned by us or the applicable licensor. The content published on the sites such as but not limited to text, logos, images, software, underlying code and design elements is also owned by or the applicable licensor.
Don’t worry about your privacy, we know it’s a hot topic and we’re just like you. As such we are committed to maintaining and protecting your privacy. The information we collect about you shall only be used in a lawful manner (in accordance with the Data Protection Act 1998). None of your details will be passed on to any other trader.
We will not send you marketing emails if your prior consent has not been given. Any marketing emails that are sent from us to inform you about the latest news will include the option to unsubscribe your email address from any future marketing focused emails.
The only details we collect about you are: name, email address, phone number and postcode. If you would like to access or amend the information we hold about you, please email us at [email protected]. These details, when entered during the creation of an account, are kept safe in your password protected account.
Your payment details are processed by and entered into Paypal Europe S.à.r.l et Cie, which we do not have access to. For more information on their legal policies please visit: https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full.