Festival Wines Online Ltd Terms and Conditions of Business
To buy wine online from Festival Wines Online Ltd (Festival Wines or we or us) requires agreement to our terms and conditions. By registering on the website or buying wine online through it you, the customer agree to said terms and conditions.
Festival Wines Online Ltd reserves the right to change these Terms and Conditions by updating this page.
1 Sales and Delivery
We comply fully with our obligations under the Consumer Protection (Distance Selling) Regulations 2000.
1.1 Delivery – Delivery is £6.95 per daytime delivery regardless of how many cases you order unless you qualify for free delivery. We will deliver your wine to anywhere in England and Wales. For delivery to Scotland or Northern Ireland a quote from Festival Wines Online Ltd is required. Delivery times are Monday to Friday, 8.00am to 5.00pm. Most Festival Wines’ customers give instructions to leave the wine in a safe place to ensure they get their wine on time. This option is not available for orders over £250: a signature will be required. Where delivery in person is required if you are not available the driver will leave a card for you to arrange the delivery. If we have not attempted to deliver your wine within seven working days of you placing an order, then we will refund the delivery charge to your account for you to offset against your next order. If the driver leaves a card because you are out, then this will count as an attempted delivery.
1.2 Availability – Wine is a product which is subject to vintage changes, we do not normally advertise vintages. Where a vintage is mentioned or shown in an image or picture this is purely for demonstration purposes, it is not a guarantee that that vintage will be the one provided.
1.3 Customer satisfaction – If you are dissatisfied with our performance in any way, please e-mail email@example.com or contact customer services immediately on the telephone number provided under “Contact Us”.
2 Prices and payment
2.1 All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices include Value Added Tax and Duty at the prevailing rate, unless otherwise specified. All delivery charges are additional.
2.2 We accept payment by debit or credit card, we do not accept American Express and other charges cards.
2.3 Description and price of the goods. We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order. The price of the goods will be as shown on the checkout page of our website when you placed your order. You must also pay any delivery charges shown on the checkout page. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
3 Age restriction
3.1 We won’t sell wine to anyone who isn’t 18 years old or over. By placing an order you confirm that you are at least 18 years old.
3.2 If you are buying a case of wine as a gift the recipient must also be over 18 years old.
3.3 If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the wine. A subsequent date can be arranged for delivery to someone over 18 years of age upon payment of an additional delivery charge or the cost of the wine refunded. In this event there will be an administration charge of £30 levied and deducted from the refund.
3.4 Once the wine has been delivered, according to your original delivery instructions, it becomes the recipient’s responsibility. This does not affect your statutory rights.
4.1 We use a secure payment server with state-of-the-art encryption and secure socket layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
4.2 It is your responsibility to protect your password from being disclosed to any third party.
5.1 In compliance with Consumer Protection (Distance Selling) Regulations 2000, you may cancel your order for any reason whatsoever at any time up to 7 working days from the day after the date you receive your wine, provided all of the bottles are unopened and intact and returned to us in good condition. A full refund will be arranged. If the goods have already been dispatched and it is simply a ‘change of mind’ then the return delivery costs will be borne by you. If there is a fault, the return delivery costs will be borne by us.
5.2 In order to cancel your order you must notify us by email on firstname.lastname@example.org.
5.3 We shall reimburse the price of the wine within 30 days from the date you notify us of the cancellation.
6.1 If some or all of the bottles of wine in a case are broken or spoiled when they are delivered you should notify us by email on email@example.com within 30 days of delivery. You may choose either to return the whole case or just the affected bottles for a refund.
6.2 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misrepresented goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen’s Advice Bureau.
We warrant that the wines will be of satisfactory quality and fit for their general purpose.
8 Limitation of liability
8.1 Nothing in these Terms and Conditions shall exclude Festival Wines liability for personal injury or death caused by its negligence.
8.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of Festival Wines;
iii. loss or damage relates to business and/or non- consumers.
8.3 we will not be liable for loss or damage caused by the customer handling the wine. In particular we will not be liable for spillages or breakages.
8.4 Customers should also be aware of the following inherent risks and warnings:
i. Alcohol should be consumed in moderation.
ii. A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
iii. Red wine in particular may cause staining if spilt so extra care should be taken
iv. Sparkling wines and champagnes can be volatile due to the build up of gases: extra care should be taken when opening these.
9.1 We shall not be liable for any delay in delivering your wine if that delay or failure is caused by circumstances beyond our control such as war, riot, industrial action, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
9.2 Festival Wines may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
9.3 No contract exists between you and us until we notify you that we have accepted your order and dispatched the goods. We are not obliged to accept your order, in the event that your order is not accepted a full refund will be provided. The sale of the goods takes place only when the wine is dispatched from our warehouse.
9.4 Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction.
All our contact details are shown on “Contact Us”.
Festival Wines Online Ltd is registered in the UK, No: 7975404. The registered office is at Foxmead, Iping Road, Liphook GU30 7NA
Last updated 23 April 2012