Terms and Conditions
Ideal Wine Company Limited: Terms and Conditions [Non-bonded wine]
Ideal Wine Company Limited: Terms and Conditions [Non-bonded wine]
1.1. “Case” Twelve bottles of wine, the capacity of each
bottle being that specified on the order form.
1.2 “Delivery Date” The date the product arrives at the address you have specified on the
1.3 “Order Form” The form overleaf.
1.4 “Product” The wine specified on the Order Form
1.5 “We/us/IWCL” The seller Ideal Wine Company Limited.
1.6 “You/the customer” The buyer as specified on the Order Form
2. Entire Agreement
2.1 These terms and conditions and the Order Form overleaf constitute the whole agreement between the parties and supersede all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them. Each party acknowledges that in entering into this agreement it has not relied on and shall have no remedy in respect of any pre-contractual statement. Each party agrees that its only liability in respect of representations and warranties set out in this agreement (whether made innocently or negligently) shall be for breach of contract.
3. Placing an order
3.1 The act of providing you with the Order Form does not constitute an offer to supply the Product, merely an “invitation to treat”.
3.2 When you sign, date and return the Order Form you are making an offer to purchase the Product at the price stated on the Order Form.
Subject to clause 5.1, your offer will be deemed to be open until we accept it, you withdraw it or 14 days from the date you sign the Order Form, whichever date is sooner.
3.4 If we accept your offer we will send you written confirmation and, subject to payment being made, arrange for your wine to be transferred to the address specified on the Order Form within 30 days.
3.5 We are not obliged to accept your offer/order. The following is a
non-exhaustive list of circumstances in which your offer/order may be rejected:-
3.5.1. Where 14 days have lapsed from the date you were sent the Order Form.
3.5.2. Where you have failed to specify a delivery address.
3.5.3 Where the Product is no longer available.
3.5.4 Where payment has not been made.
3.6 If the Product is no longer available we will notify you as soon as possible and may suggest an alternative Product. In these circumstances, your original offer/order will be deemed to have been rejected. If you wish to order any alternative Product put forward by us you will be sent a new Order Form.
3.7 If for whatever reason your offer/order is not accepted you will receive a full refund of any monies paid to us, save where you have requested that the payment be used in relation to an alternative Product.
4.1 Delivery will not be made unless the Product has been paid for in full.
4.2 In the event of our courier not being able to execute delivery of the Product, for whatever reason, you agree that we may rescind the contract. In these circumstances, we will retain the Product and will provide you with a refund less the cost of the aborted delivery/collection. We may at our absolute discretion redeliver the Product.
5.1 You may cancel your order at any time prior to the Delivery Date and up to seven working days after the Delivery Date.
5.2 Cancellation must be in writing, either to Earls Court Business Centre, 282 Earls Court Road, London SW5 9AS or by email to Info@idealwinecompany.com.
5.3 For the purposes of the Consumer Protection (Distance Selling) Regulations 2000, you agree that the Delivery Date is the first day upon which you are able to inspect the Product. You agree it is your responsibility to make arrangements to check the Product following delivery.
5.4 If you cancel your order prior to the Delivery Date we will arrange a full refund within 30 days.
5.5 If you cancel your order after the Delivery Date we will arrange for the collection of the product from the address specified on your Order Form. You will be responsible for the cost of collection. You agree that we can deduct this from any payment made by you. The cost of collection depends on your Postcode. The balance will be refunded to you within 30 days.
5.6 In the event of you cancelling contract after the Delivery Date you must ensure the Product is kept in good condition until its return.
6. Limitation of liability
6.1 Notwithstanding the following, nothing in these terms and conditions is intended to affect or limit statutory rights.
6.2 Neither we, nor our directors, officers, employees, agents or affiliates, give any warranty or make any representation as to:
6.2.1 The suitability of the Product for you. You agree that this is not a one-way market and the value of the Product can fluctuate. The past performance of similar products is no guarantee that such returns will be repeated.
6.2.2. The suitability of the Product for you as an investor.
6.2.3 The future value of the Product as this may be subject to fluctuation.
6.3 Neither we, our directors, officers, employees, agents nor affiliates, warrant or imply that the Product cannot be purchased elsewhere at a lower price.
6.4 We do not provide expert advice. Information with which we supply you about our Product is given in good faith, and to the best of our knowledge and belief is accurate at the time it is given. You should obtain independent advice if you are unclear about the Product we are selling and before you enter into a contract with us.
7.1 The price stated on the Order Form is inclusive of all taxes and duties.
7.2 The Price does not include the delivery charge. Delivery charge will be a minimum of £15.00 GBP depending on the Postcode of the delivery address. You will be advised of this in advance of us accepting your order. We do not deliver overseas.
8. Contracts (Rights of Third Parties) Act 1999
8.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
9. Money Laundering Checks
9.1 Prior to executing transactions we may need to undertake anti-money laundering checks. If you do not cooperate in the supply of any information requested for these purposes we reserve the right to reject your offer/order or to rescind any contract formed. If funds emanate from a third party we reserve the right to make enquiries as to the identity of that party.
10.1 If any part of these terms and conditions is unenforceable the enforceability of any other part of these conditions will not be affected.
11. Privacy and Electronic Communications (EC Directive) Regulations 2003 and Data Protection Act 1998
11.1 You agree that from time to time we may contact you with information relating to similar products which we think might be of interest to you. For the avoidance of doubt, you permit us to contact you regardless of whether your telephone number is listed in the register kept under regulation 26 of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
11.2 If at any time you decide you do not wish to be contacted by us please notify us in writing at the address overleaf or email us at [ ] and we will refrain from contacting you in the future
12. Law and jurisdiction
12.1 This contract shall be governed and construed by the law of England and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
13.1 If a payment has been made in error, please contact Wet Malling at 01732 874874. Refunds are made at the manager's discretion.