THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our website (hereafter “website”). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website(s) or the services provided by Business through its website(s).
This website is owned by Premier Cru Fine Wines Ltd (hereafter “Business”) , a company registered in England and Wales (Company Number 04399177), whose registered office is at Premier Cru Fine Wines Ltd: Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD. Our VAT registration number 790327325.
The following words used in these Terms shall have the following meanings:
• “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
• “Business website” shall mean all websites on which Business provides products and/or services.
• “Business User” shall mean all Users of the Business website(s) and services.
• “Business Products and Services” shall mean all products and/or services provided directly by Business;
• “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Business website(s).
- 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 we reserve the right not to deliver if we are unsure of this.
- All goods are offered subject to availability and we cannot guarantee specific vintages. In the event that a product is unavailable when you place your order, we shall contact you to arrange replacement, or another acceptable arrangement for the completion of your order.
- The placing of an order anywhere on our website does not constitute a contract, which is made only when we accept your order and process payment.
- Wines purchased from Premier Cru Fine Wine are for the customer’s own use only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes.
- Orders can be placed via this website, by phone (01274 595411), email (email@example.com) or in writing to Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD
- Minimum order is 2 dozen bottles of wine for free delivery. Orders can be mixed cases although minimum order for house wines is 6 bottles. Smaller orders may be delivered at our discretion.
- Delivery will be within 3 working days subject to wines being in stock.
- Prices are charged at our brochure price. However, we reserve the right to alter prices due to vintage change, in times of fluctuating exchange rates or when prices increase beyond our control.
- All prices quoted are per bottle, duty paid and delivered and exclude VAT. VAT will be added to all invoices at the prevailing rate.
- Bottle sizes are 75cl unless otherwise stated.
- Initial orders must be COD until a credit account is established (see below). Thereafter all accounts must be settled by the 21ST of the month following the month of invoice.
- Upon satisfactory approval of two trade references and a banker’s reference a credit account will be opened.
- All goods remain the property of Premier Cru Fine Wine (Wholesale) until payment has been received in full.
- We reserve the right to change these terms of sale, but any change will only apply to orders that we receive from you after we have communicated the change to you.
DESCRIPTION AND PRICE OF GOODS
- All retail prices are inclusive of UK VAT at the prevailing rate.
- We accept all major credit cards with telephone orders: Visa, Access, Maestro, Delta and American Express. Cheques are accepted, but funds must be cleared before any goods are shipped.
- Promotional offers and prices are as stated, with no further discounts available.
- Although we endeavour to ensure that all pricing information on this website is accurate, occasionally an error may occur and goods may be mis-priced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
- We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order. Where an end date is specified on any offer on the website, it is intended as a guide only. We reserve the right to change prices at any time.
- We provide you with product information on https://premiercrufinewine.co.uk/. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 01274 595411.
- Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
- We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
- Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
- Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
- To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.
- By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
- You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
- Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
CONSUMER RIGHT OF RETURN & REFUND
- This clause only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a contract during the period set out below. 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 product, 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.
- However, this cancellation right does not apply in the case of any custom-made or custom sourced products or products made to your specification or clearly personalised.
RIGHT TO CANCEL
- You have the right to cancel this contract within days without giving any reason.
The cancellation period will expire after 3 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good or the last lot or piece (as the case may be).
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to Premier Cru Fine Wines Ltd: Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD or e-mail to firstname.lastname@example.org).
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
- If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than-
- (a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- If the consumer has received goods in connection with the contract you shall send back the goods or hand them over to us at Premier Cru Fine Wines Ltd: Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- We will not bear the cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- All deliveries must be signed for by an adult aged 18 years or over.
- Deliveries will only be made once payment has been received for the goods and we reserve the right not to accept any order or make any delivery.
- Local delivery orders are a minimum of £100. “Local” is defined as addresses within a 10 mile radius of the shop address of Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD.
- Local deliveries will be made within five working days of payment of the order (subject to stock availability), at which time we will contact you to arrange a mutually convenient delivery time.
- We do not carry out nationwide deliveries or deliveries outside of the UK.
- There is no minimum order amount for store collection. Store collection will be made available for pickup the next day the shop is open, subject to stock availability, or when stock is available (see current store opening times).
- Upon receipt of your order, you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within working days of the delivery of the goods in question.
- We shall deliver the goods to you within days (‘the long delivery date”) of the date on which you ordered them. If we do not so deliver the goods by the delivery date then the sale is cancelled and we shall return all monies paid by you to us under the contract of sale but, notwithstanding , shall have no liability to you for the return of monies or otherwise unless you notify us in writing at our contact address of the non-delivery within days from the long delivery date.
- Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country’s government.
- If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.
FAULTY OR DAMAGED GOODS
- Whilst we endeavour to deliver goods intact and in good condition, occasionally breakages do occur. These must be confirmed to us within 5 days of delivery. We will provide a full refund or replacement for any wines that are faulty though we may require the faulty bottle to be returned to us for examination.
- We are happy to arrange collection of faulty goods at our cost though you must ensure that they are securely packed. A refund will only be given once we have received the goods back and have agreed that they are faulty. Please note that on occasions there may be an odd bottle that is out of condition (i.e. corked) due to no fault of Premier Cru Fine Wine and that due to the costs involved in receiving and shipping such items we cannot accept returns of this nature nor refund them. We will not give refunds on wines that are returned that are in good condition but are not to the customers liking.
- You may cancel your order at any time until seven working days after delivery. Should you decide to cancel, all the charges relating to your order will be refunded as soon as the goods are returned in merchantable condition to us. On such returns packaging and postage costs back to Premier Cru Fine Wine are the responsibility of the purchaser.
- Refunds may take up to 5 working days to appear in your account.
- In the event of complaint please write to Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD or email email@example.com giving as much detail as you can. All complaints will be treated as confidential and will be dealt with as swiftly as possible.
- Please note that any products returned to us which you claim to be defective will be checked and verified by our team. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
- If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
LIMITATION OF LIABILITY
- The Business will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
SUCCESS OF YOUR BUSINESS OR EARNINGS
What User derives from the use of Premier Cru Fine Wines Ltd products/services/information depends upon User’s commitment to, and effort in, applying the information. Premier Cru Fine Wines Ltd does not represent, warrant or guarantee that User will achieve any particular results in business as a result of purchasing and using Premier Cru Fine Wines Ltd products/services/information. User acknowledges that the success of User’s business depends on User’s skills, effort and commitment.
LICENCE AND COPYRIGHT
- The Business website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under UK and International copyright laws. The Business owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
- You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Business and the copyright owner.
- Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
- You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text, and
(c)any of our copyright and trademark notices and this permission notice appear in all copies.
- In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to firstname.lastname@example.org or by letter to Premier Cru Fine Wines Ltd: Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD.
- While the Business uses reasonable efforts to include accurate and up-to-date information, the Business specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Business websites, either now operating or created in the future. The Business disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Business web site.
- The Business does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Business websites or on any external websites linked to them. In particular, the Business does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
- Without limiting the foregoing, under no circumstances shall the Business be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
- Company websites and all materials, information, products and services included in the company web sites, are provided “as is,” with no warranties expressed or implied. The company expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The company disclaims any warranties regarding the security, reliability, timeliness and performance of the company websites. Company disclaims, any warranties for any information or advice obtained through the company websites.
- The company disclaims any warranties for services or products received through or advertised on the company websites or received through any links provided by the company web sites as well as for any information or advice received through any links or any user contributions provided to the company websites.
- The user understands and agrees that they download or otherwise obtain material or data through the use of the company websites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.
- Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply in all cases. The user may also have other rights that vary from jurisdiction to jurisdiction.
- The company and its web sites are not responsible or liable for content posted by users, 3rd-parties, actions of any 3rd-party or for any damage to, or virus that may infect, a user’s computer equipment or other property.
- The Business may modify, suspend, discontinue or restrict the use of any portion of the Business web site, including the availability of any portion of the content at any time, without notice or liability.
- User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Business or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
- In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
- Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
- You agree to indemnify, defend and hold harmless the Business, its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Business website(s);
2. The Business’s use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
DISPUTE RESOLUTION. CONSUMER REVIEWS AND USE OF SOCIAL MEDIA
- We endeavour at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.
- If you post any comment on our service or products on any website other than the Business’s website, you agree that:-
I) you will not include any statement that is untruthful or malicious.
II) you will do all that is possible to enable the Business to post to the same website a comment in response and, if such is not possible, you will include such response in full in a comment posted by yourself on the same website
III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Business of the service operated at https://premiercrufinewine.co.uk/
GOVERNING LAW AND JURISDICTION
- These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
- We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
- If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Business.
- Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
- Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at email@example.com. Where possible, include details that would assist the Business in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
- Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at : Premier Cru Fine Wines Ltd: Unit 43, Tong Park Industrial Estate, Baildon, Shipley, BD17 7QD.
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
- No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
- These Terms represent the entire understanding between the user and the Business and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Business.
- You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
Our contact details are as follows:
These Terms and Conditions were last updated, and became effective, on 17/07/2018.