The users/buyers/customers (hereinafter referred to as “You”, “Your”) will have the opportunity to avail the services provided on our Platform(collectively, the “Services”).
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Platform and Services and all Collective Content, and constitute a binding legal agreement between you and us.
All products/services and information displayed on our Platform constitutes an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. We reserve the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of our Platform prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
This Platform reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Platform fraudulently. This Platform reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION:
II. WinePick means the online platform via which customers/buyers can purchase the products offered for sale via our Platform.
III. “Customer” / “Buyer” means an individual who accepts the offer for sale and purchases/buys from our Platform by placing an order with us for any product offered for sale on our Platform. Customers/buyers shall also hereinafter be referred to as “Users”
IV. “Content” means text, graphics, images, music, audio, video, information or other materials.
V. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Platform.
VI. “SNS” means Social Networking Platform such as Facebook, twitter etc.
VII. The official language of these terms shall be English.
VIII. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
I. It is against the law to sell or supply alcohol to persons under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old. Our couriers will request some form of ID if they are in doubt of the age of the recipient. If they are unsatisfied, they are not permitted to leave the wine.
II. If as a result of these checks we believe that the person placing the order is not aged 18 years or more then we will be entitled to cancel the order without liability other than to provide a full refund of the amounts paid in respect of that cancelled order.
III. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Platform you agree to be bound by the Terms and Conditions.
3. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
I. The Platform is only a venue through which Users can reach a larger base to buy wines.
II. You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Platform. We shall neither be liable nor be responsible for any actions or inactions of Wine Producers and hereby expressly disclaim any and all responsibility and liability in that regard.
I. The users can make payment using their valid debit or credit cards.
II. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
III. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
IV. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
VI. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
5. RETURNS AND REFUNDS
a. We will provide a refund or replacement for any wines that are faulty when delivered. This does not affect your statutory rights including your consumer rights under the Distance Selling Regulations.
b. We may require faulty bottles to be returned to us. We will arrange this as necessary at your convenience.
c. Please notify us within 3 days of delivery if you believe any of the wines to be faulty.
a. If any bottle is broken or spoilt upon delivery, we will replace it free of charge. Please email us on firstname.lastname@example.org.
b. We may require faulty bottles to be returned to us. We will arrange this as necessary at your convenience and at our cost.
c. Please notify us of any breakages within 48 hours of delivery.
III. Wrong Orders:
If you are delivered with wrong order then please contact us within twenty four (24) hours on email@example.com and we shall revert back to you at the earliest and look into the matter. In case of wrong order you shall have the right to be delivered with the correct order or refund of your money.
I. Once your order is processed we will contact to advise when your wines will be delivered
II. Please allow 48 hours for your wine to arrive, depending on the area you are living
III. Our couriers will request some form of ID if they are in doubt of the age of the recipient. If they are unsatisfied, they are not permitted to leave the wine.
IV. If as a result of these checks we believe that the person placing the order is not aged 18 years or more then we will be entitled to cancel the order without liability other than to provide a full refund of the amounts paid in respect of that cancelled order.
VI. To make our delivery process more efficient, we require a contact number for the person receiving the delivery and instructions of where to leave the order if there is ‘no-one home’. If delivery cannot be made first time the courier will attempt once more. Further attempts or re-direction maybe chargeable.
VII. If any stock is not available we will contact you to discuss a revised delivery schedule or an alternative product. Occasional an order might cover a crossover of vintages and we will contact you to discuss this and agree any adjustment to your order if required.
7. YOU AGREE AND CONFIRM:
I. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
II. That you will use the services provided by our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
III. That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
IV. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
V. You shall at all times ensure full compliance with the applicable laws regarding Your use of Our service.
8. YOU MAY NOT USE THE PLATFORM FOR ANY OF THE FOLLOWING PURPOSES:
I. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
II. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
III. Interfering with any other person’s use or enjoyment of the Platform.
IV. Breaching any applicable laws;
V. Interfering or disrupting networks or web Platforms connected to the Platform.
VI. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
VII. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services, prohibit access to our Platforms, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Platforms, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Platform, services
9. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
I. We may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Platform. You should regularly review the Terms & Conditions on our Platform. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform.
10. COPYRIGHT & TRADEMARK:
I. Our Platform, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform.
II. Wine Picker names and logos and all related product and service and our slogans are the trademarks or service marks of The Wine Collection Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.
III. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
IV. If you learn of any unlawful material or activity on our Platform, or any material or activity that breaches this notice, please inform us. Notices regarding our Platform should be sent to: firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless our Company/Platform, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Platform or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
12. DISCLAIMERS AND LIMITATION OF LIABILITY:
I. The Platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Platform.
II. The Platform provides content from other Internet Platforms or resources and while our Platform tries to ensure that material included on the Platform is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our Platform, Services and tools;
• Delays or disruptions in our Platform, Services, or tools;
• Viruses or other malicious software obtained by accessing our Platform, Services, or tools or any Platform, Services, or tool linked to our Platform, Services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our Platform, Services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our Platform, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account; and
III. To the fullest extent permitted under applicable law, our Platform or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or this User Agreement. Our Platform, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, our Platform assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.
IV. Our Platform periodically schedules system downtime for the Platforms for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Platforms; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Platforms, any Internet service providers or otherwise.
13. GOVERNING LAWS AND JURISDICTION:
I. This User Agreement shall be construed in accord with the applicable laws of the United Kingdom regardless of your physical location.
II. The Courts at England and Wales shall have exclusive jurisdiction in any proceedings arising out of this agreement.
All Personal Information and User Generated Content provided to or displayed on the Platform and Services are subject to our Privacy Statement.
I. By using the Platform and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform and Services.
16. LEGAL COMPLIANCE
I. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
II. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Platform are lawful. You must ensure that they comply with all applicable laws in the United Kingdom and all other countries.
III. You should comply with applicable regulations.
17. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
18. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
19. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at email@example.com.