GARMENCE WINE STUDIO TERMS & CONDITIONS
These Terms will apply to any contract between us for the sale of Wine to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Wine from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Wine from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Wine, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the 10th of February 2016.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.garmence.com. We are Garmence Limited, a company registered in England and Wales under company number 9718804 and with our registered office at Bank Chambers, 567 Fulham Road, Suite 5, SW6 1ES, LONDON, UNITED KINGDOM.
. Our main trading address is Bank Chambers, 567 Fulham Road, Suite 5, SW6 1ES, LONDON, UNITED KINGDOM.
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form that you will find at the end of this page . A link to the website cancellation form will be included in our Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team at firstname.lastname@example.org or by post to GARMENCE - Bank Chambers, 567 Fulham Road, Suite 5, SW6 1ES, LONDON, UNITED KINGDOM.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mail at email@example.com
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Wine
2.1 The images of the Wine on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Wine. Your Wine may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Wine may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. Age requirement - If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 The Wine on our site can only be purchased if you satisfy the legal age requirement for purchase and consumption of alcohol. If you are in the United Kingdom, you must be at least 18 years of age. We are not allowed by law to supply Wine to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order Wine through our site.
5.2 If you are buying Wine as a gift, you must ensure that the recipient is also over 18 years old.
5.3 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 complete delivery of the Wine.
5.4 In order to verify that you satisfy the legal age We may validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By making an order for the Wine, you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity and age. If we cannot verify your age using this method we will contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.]
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Wine.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail [that confirms that the Wine has been dispatched] (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
7.4 If we are unable to supply you with a type of Wine, for example because that Wine is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. We will discuss with you some suggested alternative Wine. If you have already paid for the Wine, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Wine from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Wine or just the Wine you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Wine you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Wine, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single order of Wine (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Wine.Example: if we provide you with a Confirmation on 1 January and you receive the Wine on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Wine or the last of the separate items of Wine ordered.Example: if we provide you with a Confirmation on 1 January and you receive the first instalment of your Wine or the first of your separate Wines on 10 January and the last instalment or last separate Wine on 15 January you may cancel in respect of all instalments and any or all of the separate Wine at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Wine over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Wine.Example: if we provide you with a Confirmation on 1 January in respect of Wine to be delivered at regular intervals over a year and you receive the first delivery of your Wine on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Wine to arrive during the year.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of this page. A link to the website cancellation form will be included in our Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Wine. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. For example, you cannot cancel your Contract for a bottle of wine if you have already opened the bottle or the sealed capsule covering the cork, or if you have damaged or discarded the packaging. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of Wine within [3-5] days at one cost but you choose to have the Wine delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Wine and we have not offered to collect it from you: 14 days after the day on which we receive the Wine back from you or, if earlier, the day on which you provide us with evidence that you have sent the Wine back to us. For information about how to return a Wine to us, see clause 9.7;
(ii) if you have not received the Wine or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.5 If you have returned the Wine to us under this clause 9 because it is faulty (that is, corked, oxidised or otherwise out of condition) or not as described on our site, then, provided it is still within the recommended drink date and has been stored in suitable conditions, we will replace it or refund the price of the Wine in full, together with any applicable delivery charges. It is your responsibility to return the faulty or mis-described Wine to us, unless we notify you that we wish to collect it.
9.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Wine we may refund you in vouchers.
9.7 If a Wine has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can hand it to our authorised carrier whom we will instruct to pick up your Wine. Please see [our Returns page INSERT HYPERLINK] for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return;
(b) unless the Wine is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Wine to us. If we have offered to collect the Wine from you, we will charge you the direct cost to us of collection. We charge £15 for collection of Wine;
9.8 Because you are a consumer, we are under a legal duty to supply Wine that is in conformity with this Contract. As a consumer, you have legal rights in relation to Wine that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 You will ask for a preferred delivery time-slot when you request a delivery of Wine. If we accept your order, we will do what we can to meet that time-slot. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
10.2 If no one who appears to be aged 18 or over is available at your address to take delivery, we will leave you a note that the Wine has been returned to our premises, in which case, please contact us to rearrange delivery (free redelivery ?). If we have attempted to make delivery during the time-slot you indicated on placing an order, and no one is available who appears to be aged 18 or over is available at your address to take delivery, we will charge you [£15] for any further attempted delivery.
10.3 Delivery of an Order shall be completed when we deliver the Wine to the address you gave us [or you or a carrier organised by you collect them from us] and the Wine will be your responsibility from that time.
10.4 You own the Wine once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5 If we miss the estimated delivery time-slot for any Wine then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Wine;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances you made us aware of); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
11. Delivery area
11.1 We deliver only to addresses in London zone 1 and 2; we will ask you to input the postcode of the delivery address during the order process and will let you know whether we can deliver to your address.
11.2 You may place an order for Wine from outside Greater London, but this order must be for delivery to an address in London zone 1 and 2 that we serve.
12. Price of products and delivery charges
12.1 The prices of the Wine will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Wine are correct at the time when the relevant information was entered onto the system. However please see clause 13.1 for what happens if we discover an error in the price of Wine(s) you ordered.
12.2 Prices for our Wine may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Wine includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Wine in full before the change in VAT takes effect.
12.4 We will let you know when you place your order whether or not the price of Wine includes delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT HYPERLINK].
13. Listing Errors
13.1 It is always possible that, despite our efforts, some of the Wine on our site may be incorrectly priced. If we discover an error in the price, description, or packaging of the Wine you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Wine at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Wine to you at the incorrect (lower) price.
14. How to pay
14.1 You can only pay for Wine using debit and credit card: Visa and MasterCard branded, Discover, JCB and American Express.
14.2 Payment for the Wine and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
15. Storage of Wine
15.1 We do everything we reasonably can to ensure that the Wine which is dispatched is in good condition. Your Wine should arrive with you in perfect condition. It will only remain so if you store it correctly, in accordance with the instructions in your Confirmation, the storage instructions on our website, and any guidance offered by our carrier when delivering the wine.
15.2 We will not consider as faulty any Wine that has developed a defect arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party (apart from our carrier).
15.3 If you are a consumer, nothing in these terms affects your legal rights in relation to Wine that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Wine for internal use by your business, and you agree not to use the Wine for any resale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(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); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100% of the price of the Wine.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Wine. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Wine is suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach.
17.2 We only supply the Wine for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 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.
17.4 These might sound obvious, but we’d like to remind you that:
(a) Like any alcohol, our Wine should be consumed in moderation.
(b) A case of wine is heavy – you should take extra care when lifting or moving it, or else remove bottles from it individually;
(c) Red wine in particular may cause staining if spilt so extra care should be taken.
(d) Take extra care when opening sparkling wines (including champagnes) – these can be volatile due to the build up of gases, and as a result the cork can come out of the bottle with great speed and force.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our 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 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Wine to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Wine you have already received and we will refund the price you have paid, including any delivery charges.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Wine through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Garmence Limited, Bank Chambers, 567 Fulham Road, Suite 5, SW6 1ES, LONDON, UNITED KINGDOM, ot to firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate