The below forms part of our overall terms and conditions, which can also be read fully on this website:
Orders & Termination of Contract
The Company reserves the right to decline to trade with any company or person.
Minimum order is 1 item online. An item is defined as 1 x minimum quantity that can be ordered of a specific item. (Please note that in some instances products are only available in cases and this one case is the equivalent of 1 item only).
"Single" prices are for orders of less than 6 items in your trolley.
"Mix (6+)" prices are applied for orders of 6 or more items. In this instance, the prices will change automatically for your entire order.
For some items where they are more than 1 bottle in a single item we offer the discounted price regardless of number of items in your basket and these will be identifiable as prices will appear the same for both on these items.
Orders may be accepted by the Company by despatching the Goods, but despatch will not be acceptance where the price has been incorrectly quoted or referenced by the Customer in its order.
Once accepted, and a legally binding contract is therefore formed, the contract cannot be terminated and therefore no order may be cancelled without the prior written agreement of a director of the Company.
Inspection, defects and non delivery
The Customer must inspect the Goods as soon as is reasonably practicable.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 3 working days of the date when Goods should have been delivered. The liability of the Company for non-delivery or non-performance or for Goods notified as defective will be limited to replacing the Goods in question, or to refunding the price paid for the relevant Goods.
Returns & Distance Selling Regulations
If, the Customer is buying as a 'consumer', as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Customer may, provided he or she has taken reasonable care of the Goods, return the Goods and be repaid the price paid in respect of them within 14 days after their delivery. To return Goods on this basis, the Customer must notify the Company in writing and return the Goods, in their original packaging, within the 14 day period to the address of the Company quoting the Customer's account number and order number. Goods should be returned with proof of posting and the Customer is responsible for payment of all postage costs. In respect of certain Goods the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods' collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection. Following receipt of Goods which comply with this Condition, the Company will refund to the Customer the price paid in respect of the Goods less any costs of collection. All Goods are returned at the Customer's risk and expense and should be undamaged by the Customer and in their original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including on despatch notes, invoices or packaging) are intended to give a general idea of the Goods, but will not form part of the Contract.
Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company's carriers at the Customer's premises. Ownership of the Goods shall pass at the same time the Goods are unloaded.
Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Goods to comply with such criteria, whether attributable to the Company's negligence or otherwise. The responsibility for ensuring that Goods are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 13, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Goods or, at the Company's option, the supply of replacement Goods.
The Company will, free of charge, repair or, at the Company's option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers' instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Goods. Any Goods which have been replaced will belong to the Company.
The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any replacement.
The Company's sole obligation and liability, should any Goods prove damaged or defective shall be limited to, at the Company's option, the replacement of the relevant Goods or the refund of the price paid for the relevant Goods.
The Company's sole obligation and the Customer's sole remedy for damaged or defective Goods is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) and all such representations, conditions and warranties are excluded.
The Company does not exclude its liability to the Customer:
For breach of the Company's obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company's negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods by the Company or on the part of the Company's employees, agents or sub-contractors;
Any breach by the Company of any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer's premises;
Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or
Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
The Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to r replacing Goods or, at the Company's option, refunding monies already paid in respect of the Goods.