1. Definitions
“Contract” means the contract for sale and purchase of Goods in accordance with these Terms.
“Customer” means the person, firm or company who accepts the Seller’s quotation for the sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.
“Goods” means all those products and services supplied by the Seller.
“Seller” means 9 Vines Limited.
“Terms” means the standard terms and conditions of sale of the Seller as set out in this document to which all Contracts shall be subject. These Terms supersede any terms and conditions of the Customer.
“Orders” means a request by the Customer for Goods subject to these Terms.
The headings in these Terms are for convenience only and shall not affect their interpretation.
2.Prices and Contract
Unless otherwise specified, prices quoted on site website and associated price lists are:
- Inclusive of VAT & UK excise duty where applicable, but exclusive of delivery charges.
- Provisional and subject to our confirmation, upon acceptance of order.
All Orders are accepted by the Seller only under these Terms and these Terms shall be the sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be altered except with the written agreement of the Seller. Any contrary or additional terms unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the Customer shall indicate unqualified acceptance of these Terms.
Orders are accepted by the Seller subject to availability of Goods at the time of delivery. Substitutions for out of stock items will only be made with the customer’s agreement.
These Terms supersede all previous oral or written representations, undertakings and agreements relating to the Goods.
The Seller shall not be liable in respect of any misrepresentation made by the Seller its employees or agents to the Customer as to the condition or quality of the Goods as far as English law allows or unless the representation is made or confirmed in writing by the Seller.
While the Seller takes every precaution in the preparation of its website, catalogues, price lists and other literature, these documents are for the guidance of the Buyer only and statements therein shall not constitute representations by the Seller and the Seller shall not be bound by them. Any typographical, clerical or other error or omission in any sales literature, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 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.
All prices on our website are in Pounds Sterling and are inclusive of UK Value Added Tax (VAT) where applicable. The price payable for Goods shall be that stated on this website or price list unless otherwise agreed in writing by the Seller.
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, and without prior notice. Specifically (and without limiting the foregoing) prices are subject to alteration to reflect changes in duty and variations in the prices charged to the Seller by their suppliers. Where an end date is specified on any offer on the website, it is intended as a guide only.
3. Payment
Payment is due at the time of order.
Payment must be made by bank transfer or cash. Until all sums due to us have been paid we shall be entitled to retain possession of any goods to which you would otherwise be entitled. If any payment is overdue, we shall be entitled to suspend deliveries/collections.
4. Title and Risk
By transacting on this website you enter into a contract with 9 Vines Limited.
Title to all products or services sold on this website shall remain with 9 Vines Limited until payment in full has been received.
We shall retain title to all goods (other than goods in your direct physical possession following delivery or collection and payment in full for those goods) sold by us until all the sums due from you in respect of any order have been paid. Risk in all goods shall pass to you as soon as we notify you that they are available and earmarked under your order.
Without prejudice to the foregoing none of the Goods are supplied on a “sale or return” basis.
5. Delivery
Wines are sold for collection from our shop. We will let you know shortly in advance of the expected time of the availability of goods into our shop. Indications of delivery dates to us are estimates and not intended to be contractually binding. We may at your request and as your representative arrange transport but we accept no liability for any failure on the part of carriers.
6. Acceptance
You undertake to inspect all goods when collecting or immediately on delivery and to notify us or the carrier forthwith of any shortage or damage or other deficiency.
You will be deemed to have accepted the goods as satisfying your order upon your acceptance, and thereafter will not be entitled to reject products for any reason, and no returns or credits will be permitted thereafter.
7. Force Majeure
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
8. Description/Quality
We will act in good faith when purchasing all products sold through 9 Vines Limited, but we will not be responsible for the condition of products or whether the product corresponds to the qualities which might be expected from its description.
9. Orders
The placing and accepting of oral orders, or orders communicated through any electronic means, such as email, shall form a contract on these terms, conditional upon our written confirmation of order which may be by the delivery of an invoice or via an email confirmation.
We will not sell or deliver alcohol to anyone who is, or appears to be, under 18. By placing an order via our website, you are confirming that you are at least 18 years of age. If you are buying alcohol as a gift, the person receiving the wine must be 18 years of age.
We try our best to make sure that everything presented on our website is available but cannot guarantee availability of any items or specific vintages. In the unlikely event that a product is unavailable when you place your order, we shall contact you to either select a suitable replacement, or another acceptable arrangement for the completion of your order.
We reserve the right not to accept any order.
10. Jurisdiction
All contracts are made under English Law and are subject to the exclusive jurisdiction of the courts of England and Wales.
11. Returns
Returns are permitted if the Goods were delivered to the Customer incorrectly (these should be reported to the Seller within 3 working days of delivery). Authorised returns must be arranged in advance to allow sufficient time for collection documentation to be raised. The returned goods must be the same goods as those supplied. No substitutions are permitted.
We aim to supply our wines in excellent condition however should any wine be faulty we will provide a full refund or replacement, provided:
- Customer makes a full inspection of the Goods immediately upon delivery;
- Customer notifies the Seller immediately of any defects which it discovers;
- Customer provides a proof of purchase; and
- Customer has stored the Goods in a suitable environment and at the appropriate temperature
We require any faulty bottles to be returned to us, including the liquid inside the bottle. We will not refund a wine if it is not to your taste.
Goods must be returned in exactly the same condition as they were supplied, and in the original box in which you received your goods. All returns must be with a suitable courier approved by 9 Vines.
Once the returned goods have been received and checked, all refunds will be made within 30 days.
The returns policy listed above does not affect your statutory rights.
12. Warranty
The Seller warrants that the Goods will correspond with any description given in its price list / website or specification and be of satisfactory quality and will comply with all applicable UK legislation governing the sale of the Goods.
In no circumstances shall the Seller’s liability to the Customer for any breach of warranty exceed the price paid for the Goods in respect of which the claim is made.
Except as provided for in these Terms there are no warranties, express or implied, of fitness for a particular purpose or of any other kind except as to title. In particular, all Terms and warranties which would otherwise be implied by statute or under common law are hereby excluded to the fullest extent permitted by law.
13. Data Protection
The Customer consents to the processing by or on behalf of the Seller of personal data (as defined by the Data Protection Act 1998) supplied by the Customer or held by the Seller for the purposes of administering the Customer’s account and processing any orders. The Customer consents to the use of such personal data for direct marketing purposes. The Customer’s statutory rights under The Data Protection Action 1998 remain unaffected.