DE VINOS

TERMS AND CONDITIONS OF SALE

This page (together with our Privacy Policy) sets out the legal terms and conditions (Terms) on which we sell any of the wines, spirits and other goods (Goods) listed on www.devinos.co.uk (Site) to you to the exclusion of any and all other terms you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

These Terms will apply to any agreement made between us for the sale of Goods to you (Contract).  Please read these Terms carefully and make sure that you understand them before ordering any Goods from the 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 Goods from the Site.

We amend these Terms from time to time as set out in condition 16.  Every time you wish to order Goods, please check these Terms to ensure you understand the terms that will apply at that time.

1. Information about us

1.1                We operate the Site.  We are De Vinos Ltd, a company registered in England and Wales under company number 8293070 and with our registered office at 20-22 Wenlock Road, London, N1 7GU, UK.  Our VAT number is 152 8353 11.

1.2                To contact us, please email info@devinos.co.uk.

 

2. If you are a consumer

2.1                If you are a consumer, you may only purchase Goods from the Site if you are at least 18 years old.

2.2                In particular, alcoholic Goods can only be purchased if you are at least 18 years old.  If you are under 18, you must not attempt to order alcoholic Goods through the Site.  We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18.  By placing an order you confirm that you are at least 18 years old and agree to provide proof of your age if we require.

2.3                As a consumer, you have legal rights in relation to Goods that are faulty or not as described.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.  Nothing in these Terms will affect these rights.

 

3. If you are a business customer

3.1                If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Goods.

3.2                These Terms and our Privacy Policy constitute the entire agreement between you and us.  You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy.

 

4. How the Contract is formed between you and us

4.1                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.

4.2                After you place an order, you will receive an email 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 condition 4.3.

4.3                If we accept your order we will send you an email that confirms that the Goods have been dispatched (Dispatch Confirmation).  The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

4.4                If we are unable to supply you with a Good we will inform you of this by email and we will not process your order.  If you have already paid for the Goods, we will refund you the full amount as soon as possible.

 

5. The Goods

5.1                All Goods shown on the Site are subject to availability.  You agree that we may contact you if a Good you have ordered is not available to discuss a possible replacement.

5.2                The style of labels and packaging shown in images on the Site and the specification of Goods may be revised or changed at any time as required to conform to any applicable health, safety or other statutory requirements.

5.3                No information, descriptions, specifications, diagrams and images shown on the Site (Information) forms part of the Contract. Whilst we try to ensure that the Information is accurate and up to date, you acknowledge and agree that any Information may be incomplete, out of date or inaccurate and you have placed no reliance on the Information save as may be expressly agreed in writing with us.

 

6. Price and payment

6.1                The prices of the Goods will be as quoted on the Site from time to time.

6.2                Prices for our Goods may change from time to time, but changes will not affect any order that we have confirmed with a Dispatch Confirmation (as described in condition 4.3).

6.3                All prices on the Site are quoted inclusive of VAT and duty (where applicable) at the applicable current rate chargeable in the UK for the time being.

6.4                Promotional offers and prices are as stated on the Site and may be subject to additional terms and conditions.

6.5                Although we endeavour to ensure that all pricing information on the Site is accurate, occasionally an error may occur and Goods may be mis-priced.  If a pricing error is discovered for Goods you have ordered, we will contact you to inform you of this error and to give you the option of cancelling your order or continuing to purchase the Goods at the correct price.  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.

6.6                You may only pay for Goods using a debit card or credit card.  We accept the following cards: American Express, Mastercard, Maestro and Visa (debt and credit).

6.7                Payment for the Goods, including any applicable delivery charges, is to be made in advance and prior to the Goods being dispatched (unless otherwise agreed).

 

7. Delivery

7.1                Mainland UK delivery is free for orders with a value of £50 or more. For orders under £50, a delivery charge of £10 (inclusive of VAT) is applicable.

7.2                Deliveries charges to addresses outside mainland UK (i.e. The Scottish Highlands, Islands of Scotland, Northern Ireland, Isle of Man and Isles of Scilly) are subject to separate quotations.

7.3                We do not deliver to the Channel Islands.

7.4                Delivery will be completed when either (a) we deliver the Goods to the address you gave us; or (b) the courier company transporting the Goods to you on our behalf confirms to us that it has been unable to deliver the Goods to the address you gave us and that it has provided you with a means to collect the Goods from an alternative address.

 

8. Ownership and responsibility for the Goods

8.1                The Goods will be your responsibility once they are delivered to you.

8.2                Once we have received payment in full, including all applicable delivery charges or delivery is completed (whichever is later) you will own the Goods.

8.3                Without prejudice to your rights under these Terms, none of the Goods are supplied on a “sale or return” basis.

 

9. Consumers’ right of return and refund

9.1                If you are a consumer, you have a legal right to cancel a Contract during the period set out in condition 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Good, 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 right to cancel a Contract starts from the date of the Dispatch Confirmation.  Once the Goods have been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the Goods.  Saturdays, Sundays and public holidays are not included in this period.

9.3                To cancel a Contract, please contact us in writing by sending an email to our Sales Support team at sales@devinos.co.uk.  Your cancellation will be effective from the date you sent us the email.

9.4                You will receive a full refund of the price you paid for the Goods and the applicable delivery charges you paid for. We will not refund you the cost of returning the Goods back to us.  We will process the refund due to you within 30 calendar days of the day on which you gave us notice of cancellation.

9.5                If you return Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the Goods to us. We will process the refund due to you within 30 calendar days of the day on which you gave us notice of cancellation.

9.6                We refund you on the credit card or debit card used by you to pay for the Goods.

9.7                If the Goods were delivered to you:

(a)          you must return the Goods to us as soon as reasonably possible;

(b)          unless the Goods are faulty or not as described (in this case, see condition 9.4), you will be responsible for the cost of returning the Goods to us; and

(c)          you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.

9.8                Details of your legal right to cancel and an explanation of how to exercise it will be provided in the Dispatch Confirmation.

 

10. Business customers’ right of return and refund

10.1            If you are a business customer, you may cancel a Contract if:

(a)          the Goods were delivered to you incorrectly; or

(b)          the Goods were damaged upon receipt,

provided that you exercise this right within 5 working days of delivery.

10.2            To cancel a Contract, please contact us in writing by sending an email to our Sales Support team at sales@devinos.co.uk.

10.3            You will receive a full refund of the price you paid for the Goods and any applicable delivery charges you paid, to the credit card or debit card used by you to pay, provided that:

(a)          you return the Goods to us as soon as reasonably possible;

(b)          you will be responsible for the cost of returning the Goods to us;

(c)          you return the Goods in a merchantable condition, with their seals and neck capsules intact, in their full original cases and with bottle labels neither stained nor damaged (as applicable); and

(d)          you provide us with proof of your purchase.

 

11. Our liability if you are a business customer

11.1            Nothing in these Terms limits or excludes our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation; or

(c)          any other liability which cannot be excluded or limited by law.

11.2            Subject to condition 11.1, we will under no circumstances 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 (whether direct or indirect);

(b)          loss of business opportunity;

(c)          loss of anticipated savings;

(d)          loss of goodwill; or

(e)          any indirect or consequential loss.

11.3            Subject to conditions 11.1 and 11.2, 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 the total price of the Goods ordered under the Contract.

11.4            Except as expressly stated in these Terms or our Privacy Policy, we do not give any representations, warranties or undertakings in relation to the Goods.  Any representation, condition or warranty which might be implied or incorporated into the Contract 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 Goods are suitable for your purposes.

 

12. Our liability if you are a consumer

12.1            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.

12.2            We only supply the Goods for domestic and private use.  You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3            We do not in any way exclude or limit our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)          breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979 (relating to title and quiet possession, description, satisfactory quality, fitness for purpose and samples); or

(d)          any other liability that cannot be excluded or limited by law.

 

13. Data Protection

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms that apply to you.

 

14. Events Outside Our Control

14.1            An Event Outside Our Control is any act or event beyond our reasonable control.

14.2            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control.

14.3            If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)          we will contact you as soon as reasonably practicable 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

15. Communications between us

15.1            When we refer in these Terms to “in writing”, this will include email.

15.2            If you are a consumer, if you wish to contact us in writing for any reason, please email info@devinos.co.uk.  If we need to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

 

16. Our right to vary these Terms

16.1            We may revise these Terms from time to time including (without limitation) to reflect changes in:

(a)          how we accept payments from you;

(b)          our delivery charges; and

(c)          relevant laws and regulatory requirements.

16.2            Every time you order Goods from us, the Terms in force at that time will apply to the Contact between you and us.

 

17. Other important terms

17.1            We may sub-contract performance of our obligations under this Contract to another organisation, but this will not affect your rights or our obligations under the Contract.

17.2            The Contract is between you and us.  No other person shall have any rights to enforce any of its terms.

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

17.4            If we fail to insist that you perform any of your obligations under the Contract, 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.

17.5            If you are a consumer, please note that the Contract, these Terms and any dispute or claim arising out of or in connection with them are governed by English law.  You and we both agree 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.

17.6            If you are a business, the Contract, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.