Occasional Connoisseur Terms and Conditions of Supply

THE OCCASIONAL CONNOISSEUR LIMITED TERMS AND CONDITIONS OF SUPPLY

1. THESE TERMS

1.1 These terms and conditions (these Terms) (together with our Website Terms of Use, Privacy Policy and Cookies Policy) tell you information about us and set out the legal terms and conditions on which we sell products (Products) listed on our website www.ocwines.co.uk (Website) to you if you are: (a) an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession (a Consumer); or (b) acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf (a Business Customer).

1.2 IF YOU ARE BUSINESS CUSTOMER, WE DRAW YOUR PARTICULAR ATTENTION TO PARAGRAPH 14 AS IT CONTAINS PROVISIONS WHICH EXCLUDE OR LIMIT OUR LIABILITY TO YOU.

1.3 These Terms will apply to any contract for the sale of Products by us to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering Products from our Website.

1.4 Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these Terms in full, you will not be able to order Products from our Website.

2. UNDERSTANDING THESE TERMS

2.1 When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the paragraph of these Terms where it was defined. You can find these meanings by looking at the sentence where the defined term is in bold text, and is included in brackets and speech marks.

2.2 When we refer to we, us or our we mean The Occasional Connoisseur Limited. When we refer to you or your we mean you, the person buying Products from our Website.

2.3 We have used headings to help you understand these Terms and to easily locate information. These Terms, and any contract between you and us, are only available in the English language. We will not file copies of the contract between you and us so we recommend that you print or save a copy of these Terms for your records (but please note that we may amend these Terms from time to time, as explained in paragraph 16).

3. ABOUT US

3.1 We are The Occasional Connoisseur Limited, a company registered in England and Wales. Our company registration number is 09996880 and our registered office is at Third Floor Portland, 25 High Street, Crawley, West Sussex, RH10 1BG. Our registered VAT number is GB 235 9020 21.

3.2 If you want to contact us, you can do so by telephoning our customer service team on 0333 012 4648 or by writing to us at customerservices@ocwines.co.uk or at The Occasional Connoisseur Limited, Third Floor Portland, 25 High Street, Crawley, West Sussex, United Kingdom, RH10 1BG.

3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.4 When we use the words “writing” or “written” in these Terms, this includes emails.

4. OUR PRODUCTS

4.1 The images of the Products on our Website are for illustrative purposes only.

4.2 The packaging/labelling of the Products may vary from that shown in images on our website.

4.3 You may only purchase Products from our Website if you are at least 18 years old. We reserve the right to refuse delivery if we think that the recipient may be under 18. Where delivery requires a signature on receipt, the docket must be signed only by a person who is 18 or over.

5. OUR CONTRACT WITH YOU

5.1 Our order process on our Website allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order. You must order at least the minimum quantity specified on our website.

5.2 By clicking the ”Checking Out” button you are committing to buy and pay for the Products in your order. This is an offer from you to enter into the Contract with us to buy the Products in your order. The Contract is subject to these Terms and you will be asked to confirm that you accept these Terms when placing your order.

5.3 After you place your order, we will email you to accept it (Order Confirmation), at which point a contract (Contract) will come into existence between you and us. Only the Products listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible by telephoning our customer service team at 0333 012 4648 or by emailing to us at customerservices@ocwines.co.uk and quote your Order Number (as defined in paragraph 5.5).

5.4 If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because a Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a Product or because we are unable to meet a delivery deadline you have specified.

5.5 We will assign an order number to your order and tell you what it is when we accept your order (Order Number). It will help us if you can tell us the order number whenever you contact us about your order.

5.6 Our Website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

6. CHANGES TO YOUR ORDER

6.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see paragraph 9).

6.2 We may change the Products to reflect changes in relevant laws and regulatory requirements.

6.3 In addition, as we informed you in the description of the Product on our Website, we may make changes to the Products, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

7. DELIVERY

7.1 The costs of delivery will be as displayed to you on our Website.

7.2 We will contact you with an estimated delivery date which will be within five working days after the day on which we accept your order. We will use a third party carrier to deliver the Products to you.

7.3 If delivery of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

7.4 If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

7.5 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and paragraph 11.2 will apply.

7.6 You own a Product once we have received payment in full.

7.7 The Products will be your responsibility from the time we deliver the Products to the address you gave us.

7.8 We may have to suspend the supply of a Product to update the Product to reflect changes in relevant laws and regulatory requirements.

7.9 We will contact you in advance to tell you we will be suspending supply of a Product, unless the problem is urgent or an emergency. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.

8. PRICE AND PAYMENT

8.1 The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover a mistake or error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made an obvious pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.

8.2 If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.

8.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

8.4 You can pay for Products using the payment methods specified by our payment merchants, World Pay and PayPal. You will see these payment methods when you come to make payment and these allow you to pay with popular types of credit and debit cards.

8.5 By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity (and age), to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.

8.6 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order may be cancelled (we will notify you of this using the contact details you provided during the order process).

8.7 Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).

8.8 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

9. YOUR RIGHTS TO END THE CONTRACT AS A CONSUMER

This paragraph only applies if you are a Consumer.

9.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

9.1.1 If the Products you have bought are damaged or misdescribed you may have a legal right to end the Contract, see paragraph 12;

9.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 9.2;

9.1.3 If you have just changed your mind about the Product, see paragraph 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;

9.2 If you are ending a Contract for a reason set out at paragraphs 9.2.1 to 9.2.4 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

9.2.1 we have told you about an upcoming change to the Product or these Terms which you do not agree to (see paragraphs 6.3 and 16.1);

9.2.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

9.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control; or

9.2.4 you have a legal right to end the Contract because of something we have done wrong.

9.3 For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.

9.4 You do not have a right to change your mind in respect of Products that have been unsealed, opened, consumed or broken once you have used them.

9.5 Subject to paragraph 9.4, you have:

9.5.1 14 days after the day you (or someone you nominate) receives the goods to change your mind; or

9.5.2 if the ordered Products are split into several deliveries over different days, 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

9.6 To end the Contract with us, please let us know by emailing us at customerservices@ocwines.co.uk. Please include your Order Number and additional details to help us identify your order.

9.7 If you end the Contract for any reason after Products have been dispatched to you we will arrange to collect the Products from you free of charge.

9.8 We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.9 If you are exercising your right to change your mind:

9.9.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

9.9.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.10 We will make any refunds due to you:

9.10.1 if you are exercising your right to change your mind after we have delivered the Products, within 14 days from the day on which we collect the Products from you; and

9.10.2 in all other cases, within 14 days of your telling us you have changed your mind.

10. YOUR RIGHTS TO END THE CONTRACT AS A BUSINESS CUSTOMER

This paragraph only applies if you are a Business Customer.

10.1 If you want to end the Contract for a reason set out in this paragraph 10.1 the Contract will end when we receive your email (sent pursuant to paragraph 10.2) and we will refund you in full for any Products which have not been provided. The reasons are:

10.1.1 we have told you about an upcoming change to the Product or these Terms which you do not agree to (see paragraphs 6.3 and 16.1);

10.1.2 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; or

10.1.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control.

10.2 To end the Contract with us, please let us know by emailing us at customerservices@ocwines.co.uk. Please include your Order Number and additional details to help us identify your order.

10.3 Subject to you returning to us any Products we have dispatched to you under the Contract, we will, refund you the price you paid for the Products including delivery costs, by the method you used for payment. We may reduce any refund due to you for the same reasons as provided for in paragraph 9.9.

10.4 We will make any refunds due to you within 30 days of your telling us you have ended the Contract.

11. OUR RIGHTS TO END THE CONTRACT

11.1 We may end the Contract for a Product at any time by writing to you if:

11.1.1 you do not make any payment to us when it is due;

11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

11.1.3 you do not, within a reasonable time, allow us to deliver the Products to you.

11.2 If we end the Contract in the situations set out in paragraph 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

11.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least two weeks in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

12. IF THERE IS A PROBLEM WITH THE PRODUCTS

12.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team on 0333 012 4648 or write to us at customerservices@ocwines.co.uk or The Occasional Connoisseur Limited, 2nd Floor, Quayside Tower, Broad Street, Birmingham, West Midlands B1 2FH. When contacting us, please quote your Order Number.

12.2 If you are a Consumer and you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on or email us at customerservices@ocwines.co.uk for a return label or to arrange collection.

The remainder of this paragraph 12 only applies if you are a Business Customer.

12.3 We warrant that on delivery the Products shall: (a) conform in all material respects with their description; (b) be of satisfactory quality; and, (c) be free from material defects in design, material and workmanship.

12.4 Subject to paragraph 12.5, if:

12.4.1 you notify us in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in paragraph 12.3;

12.4.2 we are given a reasonable opportunity of examining such Products; and

12.4.3 you (if asked to do so by us) return such Products, at your cost, to our main trading address, as shown in paragraph 3.2,

we shall, at our option, replace the defective Products, or refund the price of the defective Products in full.

12.5 We shall not be liable for the Products’ failure to comply with the warranty set out in paragraph 12.3 in any of the following events:

12.5.1 you altering such Products without our written consent;

12.5.2 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage conditions;

12.5.3 the Products being “out of date” unless you have validly rejected them for being out of date when delivered to you; or

12.5.4 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

12.6 Except as provided in this paragraph 12, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in paragraph 12.3.

12.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

12.8 These Terms shall apply to any replacement Products supplied by us.

13. OUR LIABILITY IF YOU ARE A CONSUMER

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

13.2 We will not be liable to you (or any other user of our Website) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use or inability to use our Website or your reliance on the content displayed on the Website.

13.3 We do not exclude or limit our liability for:

13.3.1 death or personal injury caused by our negligence;

13.3.2 fraud or fraudulent misrepresentation; and

13.3.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

13.4 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER

14.1 Nothing in these Terms limits or excludes our liability for:

14.1.1 death or personal injury caused by our negligence;

14.1.2 fraud or fraudulent misrepresentation;

14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

14.1.4 defective products under the Consumer Protection Act 1987.

14.2 Subject to paragraph 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

14.2.1 any loss of profits, sales, business, or revenue;

14.2.2 loss or corruption of data, information or software;

14.2.3 loss of business opportunity;

14.2.4 loss of anticipated savings;

14.2.5 loss of goodwill; or

14.2.6 any indirect or consequential loss.

14.3 Subject to paragraph 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. YOUR PERSONAL INFORMATION

We will use the personal information you provide to us to supply the Products to you, to process your payment for the Products, and if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

16. CHANGES TO THESE TERMS

16.1 We may make changes to these Terms from time to time if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

16.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. The current version of these Terms will be available on our Website. Please check the Terms on our Website each time that you order Products from us to ensure that you understand the Terms that apply at the time.

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.

17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.4 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.5 If you are a Consumer, please note that these Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us at customerservices@ocwines.co.uk.

17.6 If you are a Business Customer, this Contract shall be governed by and construed in accordance with English law and you and we submit to the exclusive jurisdiction of the English courts.

 

THE OCCASIONAL CONNOISSEUR LIMITED

MAY 2016

The World Is Our Vineyard
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© 2016 The Occasional Connoisseur Limited
Registered in England and Wales - 09996880
VAT Registration Number - GB235902021
Alcohol Wholesaler Registration Scheme
(AWRS) Number - XGAW00000105849
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