Terms & Conditions
On this page are our Terms and Conditions of Website Use, and our Terms and Conditions of Business
TERMS AND CONDITIONS OF WEBSITE USE
We recommend that you print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 We operate the website www.vinotopiawine.co.uk. We are Vinotopia Limited, a limited company registered in England and Wales under company number 7763651 and with our registered office at 1-3 Baytree Court, Tetbury, Gloucestershire, GL8 8EU.
2. ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4. RELIANCE ON INFORMATION POSTED
4.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. OUR SITE CHANGES REGULARLY
5.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
6.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
6.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
8. TRANSACTIONS CONCLUDED THROUGH OUR SITE
8.1 Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our terms and conditions of business, also available on our site.
9. VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. LINKING TO OUR SITE
10.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
11. LINKS FROM OUR SITE
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. JURISDICTION AND APPLICABLE LAW
12.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
TERMS AND CONDITIONS OF BUSINESS
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Contract: means the offer by the Customer to purchase Products from Vinotopia and the acceptance of that offer by Vinotopia.
Customer: means the person, persons, body or bodies who purchase Products from Vinotopia.Force
Majeure Event: shall have the meaning given in clause 11.Order: the request made by the Customer to Vinotopia to purchase the Products.
Order Confirmation: means the written confirmation that is sent to the Customer from Vinotopia, acknowledging that Vinotopia has received the order.
Products: means the goods that Vinotopia are selling and supplying to the Customer as set out in the Order Confirmation.
Wine Barn: the outlet situated at The Wine Barn, Church Farm, Long Newnton, Tetbury, Gloucestershire GL8 8RS used by Vinotopia to sell and market products and such other premises as may be occupied by Vinotopia for that purpose.
Terms: means the terms and conditions set out in this document.
Vinotopia: means Vinotopia Limited, a company incorporated in England and Wales with the company registration number 7763651 and with the registered office address The Wine Barn, Church Farm, Long Newnton, Tetbury, Gloucestershire GL8 8RS.
Writing/Written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 These Terms, the Order, and the Order Confirmation, set out the whole agreement between the Customer and Vinotopia for the sale and supply of the Products. The Customer should check that the details of the Order Confirmation are complete and accurate before committing to the Contract. If the Customer thinks there is a mistake or omission in the Order Confirmation, they should contact Vinotopia immediately. Any changes to the specification of the Products, to the Order or other variation to the Terms that the Customer agrees with authorised employees and agents of Vinotopia will be only be binding if recorded in writing. Vinotopia will only accept responsibility for statements and representations by their authorised employees and agents that are made in writing. Customers should ensure that they read and understand these Terms before making an Order, because they will be bound by these terms under the Contract, in accordance with clauses 2.6-2.8.
2.2 Any samples, drawings, or advertising issued by Vinotopia, and any illustrations contained in catalogues, brochures, or on the Website are produced solely to provide the Customer with an approximate idea of the Products they describe.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by the Customer to enter into a binding contract, which Vinotopia is free to accept or decline with absolute discretion.
2.5 By placing an Order with Vinotopia the Customer warrants that:
(a) they are legally
capable of entering into binding contracts;
(b) they are at least 18 years old; and that
(c) the information provided by them to Vinotopia is true, accurate, current and complete in all respects.
2.6 Where the Customer places an Order via the Website, the offer is not accepted by Vinotopia until the Customer is issued with the Order Confirmation. Subject to clause 2.7 these Terms become binding upon the Customer and Vinotopia when the Order Confirmation is issued.
2.7 Where an Order Confirmation is issued and Vinotopia are subsequently unable to supply the Products due non-availability the Customer shall be entitled to reimbursement of any payment made or to place an alternative Order subject to these Terms.
2.8 Vinotopia shall assign an order number to the Order and inform the Customer of it in the Order Confirmation. Customers should quote the order number in all subsequent correspondence with Vinotopia relating to the Order.
2.9 Vinotopia has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in their system's capabilities. The Customer will be subject to the policies and terms in force at the time that the Order is placed with Vinotopia. The Customer will not be bound by any change of Terms that occurs after the Order has been placed, unless those changes are required by law, government or regulatory authority (in which case, it will apply to the orders that the Customer has previously placed and that have not yet been fulfilled).
3. RIGHT TO CANCEL
3.1 Where the Customer has made an Order but has not yet received acceptance of the offer in accordance with clause 2.6-2.8, the Customer may, within 7 calendar days of placing an Order, amend or cancel the Order by providing Vinotopia with written notice.
3.2 Where the Customer has received acceptance of their offer to purchase the Products in accordance with clauses 2.6-2.8, the Customer may cancel the Contract within the first 7 calendar days of entering into the Contract (the Cooling-Off Period). The Customer will not be able to cancel a Contract within the Cooling-Off Period if the Products are no longer in the condition that they were in when they were first received by the Customer. The Customer shall not be liable under this clause to the extent that the Contract is cancelled because of Vinotopia’s failure to comply with these Terms.
4. THE PRODUCTS
4.1 All the Products are subject to availability.
4.2 Vinotopia warrants that on delivery, the Products shall:
(a) conform in all material respects with their description;
(b) be of satisfactory quality;
(c) be free from material defects and faults; and
(d) comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
4.3 This warranty is in addition to the Customer’s legal rights in relation to Products which are faulty or which otherwise do not conform with these Terms.
4.4 These Terms apply to any replacement Products which Vinotopia supplies to the Customer in the unlikely event that the original Products are faulty or do not otherwise conform with these Terms.
5. DEFECTIVE PRODUCTS AND RETURNS
5.1 In the unlikely event that the Products do not conform with these Terms, the Customer should let Vinotopia know as soon as possible after receiving the Products. Vinotopia will ask the Customer to return the Products for investigation. Once Vinotopia has then checked that the Products are faulty, they will:
(a) provide the Customer with a full or partial refund;
(b) replace the Products; or
(c) give credit to the Customer to spend on other Vinotopia products.
5.2 Where the Customer is returning the Products to Vinotopia for any reason, and is doing so via post or courier, the Customer is required to take reasonable steps to pack the Products properly and the Customer is responsible for ensuring that the Products are returned in good condition. If the Products returned to Vinotopia are agreed to be faulty, Vinotopia will reimburse the Customer for any delivery or courier costs incurred in returning the Products to Vinotopia. If the Customer is returning the Products whilst exercising their right to cancel under clause 3, or for any other reason than them being faulty, the Customer shall be liable to meet any delivery and courier costs incurred in returning the Products to Vinotopia.
5.3 Vinotopia will not deem the Products to be faulty or provide a refund to the Customer for Products that have been stored inappropriately by the Customer.
5.4 Where the Customer has hired wine glasses from Vinotopia, the Customer will be liable to meet the costs of any glasses that are not returned or that are returned broken or chipped.
5.5 These Terms will apply to any replacement Products Vinotopia supplies to the Customer.
6.1 Where products require postage or courier delivery, the delivery costs shall be met by the Customer in accordance with Vinotopia’s current delivery charges.
6.2 Vinotopia will take reasonable steps to pack the Products properly and to ensure that the Customer receives their Order in good condition.
6.3 Upon delivery the Customer should inspect the Products as soon as possible and notify Vinotopia immediately of any breakages or wine shortages. Vinotopia are unable to guarantee credit or replacements unless notified within 7 days of delivery.
6.4 Vinotopia will take all reasonable steps to deliver the Order as soon as reasonably practicable after the date the Order was placed. However, occasionally delivery may be affected by factors beyond Vinotopia’s control and so cannot be guaranteed. In this instance, Vinotopia will let the Customer know if they become aware of an unexpected delay and will arrange a new delivery date with the Customer. The Customer should be aware that postage and courier services to some parts of the UK including Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland, may take longer than usual.
7. TITLE AND RISK
7.1 The Products will be the responsibility of the Customer from the time of delivery.
7.2 Ownership of the Products will only pass to the Customer when Vinotopia receives payment in full of all sums due for the Products, including delivery charges and VAT.
8. PRICE AND PAYMENT
8.1 The price of the Products will be as is set out on the Website, on the price lists found at the Wine Barn or in a quotation provided to the Customer by Vinotopia. Prices of the products are liable to change at any time, but price changes will not affect Orders for which Vinotopia has already issued Dispatch Confirmation.
8.2 The prices shown include VAT unless otherwise stated. However, if the rate of VAT changes between the date of the Order and the date of delivery, Vinotopia will adjust the rate that of VAT the Customer pays, unless the Customer has already paid for the Products in full before the change in the rate of VAT takes effect.
8.3 The prices shown exclude delivery costs, which will be added to the total amount due. Delivery costs are subject to change at any time. Where there has been a change in delivery costs, the changes shall not affect an Order for which a Dispatch Confirmation has already been issued.
8.4 Unless otherwise is stated, the prices shown for wines are calculated on a per bottle basis or per case basis. A case is equivalent to 12 x 75cl bottles, 6 x 150cl magnums or 24 x 37.5cl half bottles.
8.5 It is always possible that, despite Vinotopia’s best efforts, some of the Products sold may be listed at an incorrect price. Where Vinotopia has made a genuine mistake in listing the Product at an incorrect price, Vinotopia shall not be bound to accept the Customers offer to purchase the Product.
8.6 Vinotopia accepts various payment methods. Payment can be made by cash, cheque, gift voucher, credit or debit card. Vinotopia accepts payment by Maestro, Visa, Mastercard and American Express. No amount will be debited from the Customer’s account until the Order is dispatched. Cheques will only be accepted for purchases from the Wine Barn and should be made payable to ‘Vinotopia’. Vinotopia gift vouchers may be redeemed by telephone or by visiting our Wine Barn. Gift vouchers may be exchanged for products listed by Vinotopia at equivalent value to the value of the voucher or less. Where the value of the gift voucher is less than the price of the goods, the difference will be treated as a credit to the Customer’s account. Gift vouchers cannot be used to discharge indebtedness on previous orders or in respect of outstanding accounts and may not be exchanged for cash or credit. Damaged or defaced gift vouchers may not be redeemed or refunded.
8.7 Without limiting any other remedies or rights that Vinotopia may have, if the Customer does not pay any outstanding amount on time, Vinotopia may cancel or suspend any other outstanding Order until full payment of outstanding amounts has been received.
9. LIMITATION OF LIABILITY
9.1 Subject to clause 10.2, if either Vinotopia or the Customer fails to comply with these Terms, neither shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Nothing in this agreement excludes or limits in any way Vinotopia’s liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Products Act 1979 or section 2 of the Supply of Products and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for Vinotopia to exclude or attempt to exclude their liability.
10. EVENTS OUTSIDE VINOTOPIA’S CONTROL
10.1 Vinotopia will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under these Terms that is caused by events outside their reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond Vinotopia’s reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
10.3 Vinotopia’s obligations under these Terms are suspended for the period that the Force Majeure Event continues. Vinotopia will have an extension of time to perform these obligations for the duration of that period. Vinotopia will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations under these Terms can be performed despite the Force Majeure Event.
The Customer may not transfer any of their rights or obligations under these Terms to another person without Vinotopia’s prior written consent, which shall not be unreasonably withheld or delayed. Vinotopia can transfer all or any of Vinotopia’s rights and obligations under these Terms to another organisation, but this will not affect the Customer’s rights under these Terms.
All notices sent by the Customer to Vinotopia must be sent to Vinotopia Limited at email@example.com. Vinotopia may give notice to the Customer via either the e-mail or postal address provided in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If Vinotopia fails, at any time while these Terms are in force, to insist that the Customer performs any obligations under these Terms, or if Vinotopia does not exercise any of their rights or remedies under these Terms, that will not mean that Vinotopia have waived such rights or remedies and will not mean that the Customer does not have to comply with those obligations. If Vinotopia does waive a default by the Customer, that will not mean that Vinotopia will automatically waive any subsequent default by the Customer. No waiver by Vinotopia of any of these Terms shall be effective unless such is expressly stated in writing.
13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms shall be governed by English law and both the Customer and Vinotopia agree to the non-exclusive jurisdiction of the English courts.