These are the terms and conditions (the “Terms”) on which The English Wine and Spirits Company (the “Company”) will supply Goods (as defined below) to a purchaser of Goods through the Company’s website (the “Customer”).  The Company is a company registered in England and Wales whose registration number is 09034944 and whose principal place of business is at 8 Devonshire Row, London EC2M 6AA.  The Company’s registered VAT number is 191 5358 91.

 

Customers should read these Terms carefully and check that the details of the Order and in these Terms are complete and accurate, before submitting an Order.  In the event of any mistake, please contact the Company to discuss, and request that the Company confirm any changes in writing, to avoid any confusion between the parties.

  1. Definitions

 

1.1  In these Terms, the following capitalised words have the meanings given below.

 

“Event Outside the Company’s Control” means any act or event beyond the Company’s 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 computer systems.

 

“Goods” means the goods that are the subject of the Order;

 

“Order” means the Customer’s order for the Goods through the Company’s website; and

 

“Terms” means these terms and conditions of sale.

 

1.2              The words “writing” or “written” in these Terms include e-mail, unless otherwise stated.

 

  1. Agreement of Sale

 

2.1              These Terms, together with the Order, constitute the entire agreement between the Company and the Customer in relation to the Goods.

 

2.2              By selecting the box marked “I accept the Terms & Conditions” at the point of checkout on the Company’s website in relation to the Order, the Customer acknowledges and agrees his or her acceptance of these Terms.  However, the Company will not be deemed to have accepted the Order, and these Terms will not become binding on the parties, until the Company’s acceptance of the Order pursuant to clause ‎2.3.

 

2.3              These Terms will become binding on, and a contract of sale in relation to the Goods will come into existence between, the parties when the Company issues the Customer with written acceptance of the Order.  In the event that the Company is unable to supply the Customer with the Goods, the Company will inform the Customer of this in writing and will not process the Order.

 

2.4              In the event of any conflict between these Terms and any term of the Order, the Order will take priority.

 

2.5              The Company will assign an order number to the Order and inform the Customer of it upon confirmation of the Order. The Customer should quote the order number in all subsequent correspondence with the Company relating to the Order.

 

2.6              The images of the Goods, and all other images on the Company’s website, are for illustrative purposes only. Although the Company has made every effort to display the colours accurately, the Company cannot guarantee that a Customer’s computer’s display of the colours will accurately reflect the colour of the Goods.  The Goods may vary slightly from such images.

 

  1. Changes to Order or Terms

 

3.1              The Company may revise these Terms from time to time in the event of:

 

(a)                changes in how the Company accepts payment from the Customer; or

 

(b)               changes in relevant laws and regulatory requirements.

 

3.2              In the event that the Company revises these Terms pursuant to clause ‎3.1, the Company will provide the Customer with at least one month’s written notice of any such revision, before it takes effect. In such event, the Customer may choose to cancel the contract in accordance with clause ‎10.

 

3.3              The Customer may make a change to the Order at any time before the Company has despatched the Goods by contacting the Company directly at info@EWSCo.co.uk..  The Company will notify the Customer of the amended price for the Order in writing.  In the event that the Customer is not satisfied with the amended price, he or she may choose to cancel the contract in accordance with clause ‎10.

 

  1. Delivery of Goods

 

4.1              The Customer acknowledges that delivery will be charged at fixed rates depending on the quantity of Goods ordered, as set out in the following price brackets:

 

1-6 items: £8.50; 7-12 items: £9.99; orders above £150 free

 

Any Orders of more than 60 Goods will require special consideration; accordingly, any Customers wishing to make an Order of this magnitude should contact the Company directly at info@EWSCo.co.uk.

 

4.2              The Customer acknowledges and agrees that timescales for delivery and delivery charges may vary depending on the availability of the Goods and the Customer’s address. In particular, but without limitation, Customers should allow for extra time for deliveries to the Scottish Highlands and Islands. Delivery to addresses outside the United Kingdom will require further extra time and will be more expensive; Customers wishing to place an Order for delivery outside the United Kingdom should contact the Company directly at info@EWSCo.co.uk.

 

4.3              An estimated timeframe for delivery of the Goods will be provided to the Customer by the Company at the point of checkout.  Occasionally, delivery to the Customer may be affected by an Event Outside the Company’s Control.  The Company’s responsibilities in such event are set out in clause ‎9.

 

4.4              In the event that the Customer has requested to collect the Goods from the Company’s premises, he or she may collect the Goods from The English Wine and Spirits Company, 8 Devonshire Row, London, EC2M 4RH at any time during such premises’ opening hours, as specified on the Company’s website.

 

4.5              Delivery of an Order shall be completed when the Goods are delivered to the address supplied by the Customer to the Company, or upon their collection by the Customer.

 

4.6              In the event that the Company is not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, the Company will deliver the Order in instalments.  The Company will not charge the Customer extra delivery costs for this.  Each instalment shall constitute a separate contract governed by these Terms. In the event that the Company is late delivering an instalment or one instalment is faulty, the Customer will not be entited to cancel any other instalment.

 

4.7              The Goods will be the Customer’s responsibility from the completion of delivery or from when the Customer collects the Goods from the Company, as appropriate.

 

4.8              The Customer shall own the Goods upon receipt by the Company of payment in full for the entire Order.  The Customer shall not, unless the Company otherwise agrees, own any of the Goods in the event that the Company receives only partial payment for the Order.  In such event the Company may, in its discretion, either (a) transfer ownership to the Customer of Goods that are the subject of the Order of a value equal to such partial payment, or (b) return such partial payment to the Customer.

 

  1. Faulty Goods

 

As a consumer, the Customer has legal rights in relation to Goods that are faulty or not as described.  Advice about such legal rights is available from a Citizens’ Advice Bureau or Trading Standards office.  Nothing in these Terms will affect such legal rights.

 

  1. Goodwill Guarantee of Goods / Refunds Policy

 

6.1              In the event that the Customer is unhappy with the Goods for any reason, he or she may return them to the Company at his or her own cost within seven calendar days of receipt. The Company will refund to the Customer the price paid by the Customer for any such Goods, including delivery costs.

 

6.2              This guarantee is in addition to the Customer’s legal rights in relation to the Goods that are faulty or not as described, as set out in clause ‎5.

 

  1. Price and payment

 

7.1              The price of the Goods will be as specified at the time the Company confirms the Customer’s Order.  The Company’s prices may change at any time, but price changes will not affect Orders that have previously been confirmed.

 

7.2              The price specified for the Goods includes VAT.  However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, the Company will adjust the rate of VAT that the Customer will be required to pay, unless the Customer has already paid for the Goods in full before the change in the rate of VAT takes effect.

 

7.3              The prices for the Goods exclude delivery costs, which will be added to the total amount due.

 

7.4              It is always possible that, despite the Company’s best efforts, some of the Goods may be incorrectly priced.  The Company will normally check prices as part of its despatch procedures so that, where the Goods’ correct price is less than the stated price, the Company will charge the lower amount when dispatching the Goods to the Customer. If the Goods’ correct price is higher than the price stated on the Company’s website, the Company will contact the Customer to inform him or her of this and to request his or her instructions.  If such pricing error was obvious and unmistakeable and could have reasonably been recognised by the Customer as a mispricing, the Company will be under no obligation to provide the Goods to the Customer at the incorrect (lower) price.

 

7.5              The Customer must make payment for Goods in advance by credit or debit card (of the types specified on the Company’s website), or such other method of payment as may be specified on the Company’s website.

 

  1. Liability of the Company

 

8.1              The Company shall be liable for loss or damage suffered by the Customer that is a foreseeable result of the Company’s breach of these Terms or gross negligence, but shall not otherwise be liable for any loss or damage, except as set out in clause ‎8.2.  Loss or damage is foreseeable if it was an obvious consequence of the Company’s breach of these terms or gross negligence, or if it was actually contemplated by the Company and the Customer at the time the parties entered into this contract.  The Company shall have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

8.2              These Terms do not exclude or limit in any way the Company’s liability for:

 

(a)                death or personal injury caused by the Company’s negligence or the negligence of the Company’s employees, agents or subcontractors;

 

(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);

 

(d)               breach of the terms implied by sections 13, 14 and 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.

 

  1. Events Outside the Company’s Control

 

9.1              The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside the Company’s Control.

 

9.2              If an Event Outside the Company’s Control takes place that affects the performance of the Company’s obligations under these Terms:

 

(a)                the Company will contact the Customer as soon as reasonably possible to notify him or her; and

 

(b)               the Company’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Company’s Control. Where the Event Outside the Company’s Control affects the Company’s delivery of Goods to the Customer, the Company will arrange a new delivery date with the Customer after the Event Outside the Company’s Control is over.

 

9.3              The Customer may cancel the Order and the contract formed pursuant to these Terms if an Event Outside the Company’s Control takes place and the Customer no longer wishes the Company to provide the Goods.  The Customer’s Cancellation rights are set out in clause ‎10.

 

  1. The Customer’s Cancellation Rights

 

10.1          The Customer may cancel any Order for Goods (a) at any time before the Company has despatched the Goods, (b) if an Event Outside the Company’s Control takes place and the Customer no longer wishes the Company to provide the Goods, or (c) in the event that the Company revises these Terms in relation to the Order pursuant to clause ‎3.1, in each case by contacting the Company directly at info@EWSCo.co.uk..  The Company will confirm any such cancellation in writing to the Customer.

 

10.2          If the Customer cancels an Order under clause ‎10.1 and has made any payment in advance for the Goods, the Company will refund such payment to the Customer.

 

10.3          Unfortunately, if the Customer wishes to cancel an Order for Goods under clause ‎10.1 and the Company has already despatched the Goods to the Customer, the Company will not be able to cancel the Customer’s Order until it is delivered.  In this case, the Customer will be required to pay the cost of returning the Goods to the Company.  This will not affect the Customer’s refund for the Goods.

 

  1. The Company’s Cancellation Rights

 

11.1          The Company may cancel an Order before the Goods are delivered (a) if an Event Outside the Company’s Control occurs, or (b) due to the unavailability of stock.  In such event, the Company will promptly inform the Customer of any such cancellation.

 

11.2          If the Company cancels an Order under clause ‎11.1 and the Customer has made any payment in advance for the Goods, the Company will refund such payment to the Customer.

 

  1. Questions, Complaints and Notices

 

12.1          In the event of any questions or complaints, Customers should contact the Company by telephone on 0203 751 9410 or by email at info@EWSCo.co.uk..

 

12.2          Any notices required to be sent pursuant to these Terms may be sent by e-mail, by hand, or by pre-paid post.  In the event that the Company is required to send any notice to the Customer, such notice will be sent by e-mail or by pre-paid post to the address(es) provided by the Customer to the Company.  A notice will be deemed delivered (a) if successfully sent by email or by hand, immediately, (b) if sent by pre-paid post, two business days after the date on which it is sent.

 

  1. Personal Information

 

13.1          The Company may use the personal information provided by the Customer to:

 

(a)                provide the Goods;

 

(b)               process the Customer’s payment for the Goods; and

 

(c)                inform the Customer about similar products or services that the Company may provide; provided that the Company shall, at the Customer’s request, cease sending such information to the Customer.

 

13.2          The Company will not give the Customer’s personal data to any other third party.

 

  1. Other Important Terms

 

14.1          The Company may transfer its rights and obligations under these Terms to its affiliates.  In the event of any such transfer, the Company will notify the Customer, but this will not affect the Customer’s rights or the Company’s obligations under these Terms.  The Customer may not transfer its rights and obligations under these Terms.

 

14.2          This contract is between the Company and the Customer.  No other person shall have any rights to enforce any of its terms including, but not limited to, pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

14.3          Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

 

14.4          No delay by the Company in enforcing its rights under these Terms shall constitute a waiver of such rights.  Any waiver by the Company of its rights under these Terms must be made in writing, and shall not mean that the Company automatically waives any later default by the Customer.

 

14.5          These Terms are governed by English law.  The parties agree to submit to the non-exclusive jurisdiction of the English courts.