OUR TERMS

 

1. THESE TERMS

These are the terms and conditions on which we supply products to you.   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. If you think that there is a mistake in these terms, please contact us to discuss. 

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2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Cultural Wine Limited a company registered in England and Wales. Our company registration number is 12617115 and our registered office is at 18 Windsor Close, Greasby, Wirral, CH49 1SZ.  Our trading address is Whitfield Buildings, Pensby Road, Heswall, Wirral, CH60 7RJ.  

2.2 You may contact us in writing at our trading address, call us on 07747 803041 or email us at sales@culturalwine.co.uk.

2.3 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.

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3. OUR CONTRACT WITH YOU

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3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us. 

3.2 If we are unable to accept your order, we will inform you of this 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 set.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to persons over the age of 18 years and by placing the order, you warrant that you are over 18.

3.5 We only sell in the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

3.6 When you place an order with us, you agree that you are acting as a consumer (i.e. you are not acting within a trade, business or profession).

3.7 The products we supply to you are not for re-sale.

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4. OUR PRODUCTS

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4.1 Products may vary slightly from their pictures. The images of the products on our website OR in our catalogue or brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the published pictures on our website OR in our catalogue or brochure accurately reflects the colour of the products. Your product may vary slightly from the pictures.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website OR in our catalogue or brochure. 

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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 for 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 changes.

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6. OUR RIGHTS TO MAKE CHANGES

6.1 If we cannot supply the products that you have ordered, we will contact you to establish if you would like us to substitute the product with a like product and will inform you of any difference in charges.  If you do not agree to the change then we will provide you with a refund of the money you have paid to us.

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7. PROVIDING THE PRODUCT

7.1 The costs of the products and delivery charges will be set out to you during the order process.

7.2 During the order process we will let you know when we will provide the products to you, which is usually within 7 working days from the date of your order and in any event within 30 days after the day on which we accept your order.

7.3 We are not responsible for delays outside our control. If our delivery 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 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 and clause 9.2 will apply.

7.6 You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8 If you do choose to treat the contract as at an end for late delivery under Clause 7.6 or Clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. 

7.9 The product will be your responsibility from the time we deliver the product to the address you gave us or from when you collected the product from us.

7.10 You own the products once we have received payment in full.

7.11 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5). 

 

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, "If there is a problem with the products").

8.2 If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(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 product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have done wrong, but see clause 7.10 in relation to your rights to on end the contract if we deliver late.

 8.3 If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you; you must return them to us. 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, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return] 

 

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us or we are unable to collect payment from you when it is due;

(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you up to £30 plus the value of any goods delivered and not returned as compensation for the net costs we will incur as a result of your breaking the contract.

 9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. 

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team on 07747 803041, write to us at Whitfield Buildings, Pensby Road, Heswall, Wirral, CH60 7RJ or email us at sales@culturalwine.co.uk and we will deal with your complaint as follows

Complaint handling policy

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

up to 30 days: if your item is faulty, then you can get a refund. 

up to six months: if your faulty item can't be replaced, then you're entitled to a full refund, in most cases. 

up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back. 

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or contact us and we will arrange to collect them from you.  We will pay the costs of postage.

10.4 If you change your mind about a product either before it is delivered or within 14 days of receiving it, please contact us to arrange for a full refund. If you have received the unwanted product you must return it to us at your own expense. 

 

11. PRICE AND PAYMENT

11.1 The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order. 

11.2 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 (including delivery costs) in full before the change in the rate of VAT takes effect.

11.3 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, we will contact you for your instructions before we accept your order. If we 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 terminate the contract, refund you any sums you have paid and require you to return the product at our expense.

11.4 We accept payment with most debit and credit cards. You must pay for the products,including delivery, at the time of submitting your order.  

 

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 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 sales process.

12.2 We are not liable for business losses. We only supply the products for private use to you acting as a consumer and therefore we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

 

14. OTHER IMPORTANT TERMS

14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end contract for supply of the product 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.

14.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms].

14.4 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.

14.5 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.

14.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.