Terms of supply
Your use of The Vinorium Ltd Website ("Website") is subject to these Terms of Supply ("Terms"). By submitting an order to The Vinorium Ltd you are deemed to accept these Terms. Please scroll through this screen, read the Terms and print a copy for future reference. The Website is operated by The Vinorium Ltd whose principal place of business is at Ashmill House, Ashmill Business Park, Lenham, Kent ME17 2GQ ("The Vinorium Ltd"). If you have any suggestions or comments please write to us at our office address or contact us.
- The Vinorium Ltd makes no offer to supply any goods and/ or services (“Goods”) through the Website. Any Goods or information displayed on this Website should not be regarded as an offer or advice or recommendation to buy such Goods.
- All Goods are subject to availability. Any order for Goods made through the Website by you is subject to acceptance by The Vinorium Ltd in accordance with clause 4.
- As a buyer, you will be obliged to purchase Goods:
- if you order Goods through one of our fixed price formats; or
- if (before The Vinorium accepts your order) The Vinorium Ltd confirms a different price from the price shown on the Website (and/ or delivery charges), and The Vinorium Ltd gives you the option to resubmit your order at the different price or cancel your order and you subsequently resubmit your order.
- The Vinorium Ltd may accept your order by (the earlier of) either:
- supplying written acceptance of your order (acceptance is effective once you are able to access the written acceptance), or
- delivering ordered Goods (acceptance is effective when Goods reach your delivery address).
- If you attempt to buy Goods in respect of which a minimum age limits apply, the contract for the supply of such Goods to you will be deemed void if you are below the minimum age limit.
Prices and Payment
- The prices of Goods shown on the Website are expressed in pounds sterling (£ GBP) inclusive of VAT (unless otherwise stated).
- Prices shown on the Website are indicative only, subject to confirmation by The Vinorium and do not constitute an offer to sell Goods to you at that price. Whilst The Vinorium Ltd will use reasonable endeavours to ensure that prices on the Website are accurate and up to date, The Vinorium Ltd is not responsible for errors that may occur.
- The Vinorium Ltd reserves the right to change the price of Goods shown on the Website at any time.
- You must make payment for Goods in full upon placement of your order. Where you make payment before receipt of an invoice from The Vinorium Ltd, The Vinorium Ltd will transmit a VAT invoice to you as soon as reasonably practicable after payment.
- The Vinorium Ltd reserves the right to charge interest on any late payment in accordance with the Late Payment of Commercial Debts Regulations 2002. Time of payment by you shall be of the essence of these Terms.
- You are responsible for all applicable taxes and delivery charges.
- All specifications and measurements shown on the Website (including descriptions and photographs of Goods) are given for general information purposes only.
- The Vinorium Ltd shall not be responsible for the accuracy or otherwise of such specifications and measurements and provides no guarantees in respect of such accuracy.
- Subject to acceptance of your order, The Vinorium Ltd will deliver Goods to the delivery address notified at the time your order is placed or otherwise agreed in writing by The Vinorium Ltd.
- You are liable for any delivery costs incurred by The Vinorium Ltd and any other applicable duties, taxes and charges.
- You are responsible for ensuring that the delivery address is suitable for delivery of Goods (including without limitation that access points, doorways and passageways are large enough).
- The Vinorium Ltd will use reasonable endeavours to deliver Goods to your premises by any estimated delivery date confirmed in writing. If no delivery date is confirmed in writing The Vinorium will use reasonable endeavours to deliver within a reasonable time after acceptance of your order.
- You acknowledge that time for delivery is not guaranteed and that The Vinorium Ltd shall in no circumstances be liable to you for any losses, damages or charges incurred by you due to the late delivery of Goods.
- The Vinorium Ltd may require a signature upon delivery of the Goods. If a signatory is not available to sign for Goods then a further attempt to deliver Goods will be made at a later date and you will be responsible for any additional costs incurred.
- Deliveries to Northern Ireland, The Isle of Man, The Isle of Wight, The Channel Islands, The Scilly Isles and some areas of Scotland may take longer and are subject to a surcharge. Please contact us for details.
Risk and Title
- Risk of damage or loss to Goods passes to you at the moment Goods are delivered to your premises.
- Notwithstanding the passing of risk in Goods, the title to Goods shall not pass to you until The Vinorium Ltd has received in cash or cleared funds payment in full of all sums due for that and any prior order. Until title to Goods passes to you The Vinorium may without notice require you to deliver up Goods to The Vinorium Ltd and, if you fail to do so, forthwith enter upon any of your premises (or any third party premises where Goods are stored) and repossess Goods.
- Until you have paid for Goods in full you shall keep all Goods clearly and separately identified by order number.
- The Vinorium Ltd warrants that Goods will correspond to their description at the time of delivery.
- To the extent permitted by the applicable law, The Vinorium Ltd disclaims all warranties with respect to Goods, either express or implied, including but not limited to any implied warranties of satisfactory quality or fitness for any particular purpose.
- The Vinorium Ltd does not limit liability to you for death or personal injury caused by its negligence or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
- The aggregate liability of The Vinorium Ltd in respect of breaches of these Terms or of any other duty to you or for negligence in connection with the subject matter of these Terms (whether arising before, during or after the date of acceptance of your order) shall be limited to the price paid by you for Goods provided that in no event shall The Vinorium Ltd be liable to you for any of the following however and whenever arising:
- Loss of profits, business, revenue, data, goodwill or anticipated savings; and/or
- Indirect or consequential loss or damage.
- You agree that the limitations of liability contained in these Terms satisfy the requirement of reasonableness within the meaning of sub-section 2(2) and Section 11 of the Unfair Contract Terms Act 1977 in the context of the other provisions of these Terms.
- You expressly agree that should any limitation or provision contained in these Terms be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if The Vinorium Ltd thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provisions set out herein.
- The Vinorium Ltd will not be liable to you for damage, delay or any other matters of that nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock outs and industrial disputes, fire, explosion, earthquake, acts of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body provided always that The Vinorium Ltd will use all reasonable endeavours (without an obligation to incur cost) to minimise the period of disruption caused by the Force Majeure.
- Provided that you are an individual consumer not buying Goods in the course of business, you have seven working days (excluding Saturday and Sunday and statutory holidays) from the day after the date of delivery of Goods to cancel an order by serving a written notice of cancellation upon The Vinorium Ltd at its registered office address as set out above.
- If you cancel an order, the purchase price (excluding delivery charges and other expenses specified in these Terms) will be returned to you as soon as practicable and in any event within 30 days of receipt of your notice of cancellation.
- You must return Goods to The Vinorium Ltd undamaged, unopened and in the original packaging and with all related documentation and accessories. If you do not return Goods undamaged The Vinorium may claim damages equal to the difference between the price of Goods and the value of Goods upon their return. The Vinorium Ltd may charge you any direct costs incurred in returning Goods and preparing Goods for resale.
- The Vinorium Ltd always processes personal data in accordance with applicable data protection law and its Data Protection Statement.
- For technical support please contact us or alternatively call our office 01622 859161. Office opening times are 8.30am to 5.00pm Monday to Thursday and 8.30am to 2.00pm on Fridays excluding all UK national holidays.
- These Terms comprise the entire agreement between you and The Vinorium Ltd in respect of the sale and supply of Goods.
- You may not transfer any of your rights and obligations under these Terms to a third party. The Vinorium Ltd has the right to assign or transfer any of its rights and obligations at any time without notice.
- The Vinorium Ltd reserves the right to vary these Terms from time to time without notice. You will be deemed to have accepted the varied Terms if you continue to use the Website after variation.
- None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party in these Terms.
- These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts.