Please Note: Due To Brexit We Currently Don't Ship to Europe, we are working on a solution and hope to ship soon

Terms Of Sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through our shop and this website, www.kosherwinecellar.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from Our Site.  You will be required to read and accept these Terms of Sale when ordering Products.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Products through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1          In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Products, as explained in Clause 8;

“Dispatching Confirmation”

 

“Order”

means Our acceptance and confirmation of your Order and that We are shipping your Order;

 

means your order for Products;

“Order Number”

means the reference number for your Order;

“Products”

 

“We/Us/Our”

means the products sold by Us through Our Site; and

 

means Kosher Wine Cellar Limited t/a The Wine Cellar.

2. Information About Us

2.1          Our Site is owned and operated by Kosher Wine Cellar Limited t/a The Wine Cellar, a limited company registered in England and Wales under company number 07549179, whose registered address is 8 Rodborough Road, London NW11 8RY, United Kingdom, and with trading address at 198 Stamford Hill, London N16 6RA, United Kingdom.

2.2         Our VAT number is GB 119 781 293.

3. Access to and Use of Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand 

4. Age Restrictions

4.1          Consumers may only purchase Products through Our Site if they are a) at least 18 years of age; and b) the minimum age allowed for the purchase of alcohol in the place of residency of the consumer.

4.2          Under the Licensing Act 2003, it is illegal for Us to sell or deliver alcohol to anyone under 18 years of age.  By agreeing to these Terms of Sale, you represent and warrant that you are at least 18 years of age and that the relevant Products are for adult consumption only.

5. Business Customers

These Terms of Sale apply to both consumers and to customers purchasing Products in the course of business.

6.International Customers

We ship Products internationally; please note however, that We may from time to time not be able to take Orders and ship to all countries due to circumstances beyond Our control. Please check Our Shipping Info page for updated information relating to shipping of Products.

7.Products, Pricing and Availability

7.1          We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products that you will receive.  Please note, however, the following:

7.1.1     Images of Products are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;

7.1.2     Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.

7.2          Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether.  Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).

7.3          Product descriptions provided on Our Site may include a list of ingredients and nutritional information.  We may also indicate where a Product is suitable for vegetarian and/or vegan customers and if any Product contains (or may contain) any ingredients which may cause allergies or intolerances.  Please note, however, that we cannot guarantee the correctness of such information and that the Products will be 100% free of such ingredients.

7.4          We cannot guarantee that all Products will always be available. Stock indications may be provided on Our Site, however such indications may not be fully updated.

7.5          Special requests are subject to availability and may be subject to a sourcing fee.

7.6          Minor changes may, from time to time, be made to certain Products between your Order being placed and Us processing that Order and dispatching the Products.  Any such changes will not change any main characteristics of the Products and will not normally affect your use or enjoyment of those Products.  However, if any change is made that would affect your use or enjoyment of the Products, suitable information will be provided to you.

7.7          We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).

7.8          All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.

7.9          In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

7.10       All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.11       We offer free delivery to mainland United Kingdom for Orders of £99 and over.

7.12       For delivery outside Mainland United Kingdom you must pay the delivery charges. Delivery charges are not included in the price of Products displayed on Our Site.  For more information on delivery charges, please refer to the Shipment Info Page.  Delivery options and related charges will be presented to you as part of the order process.

8. Orders – How Contracts Are Formed

8.1          Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

8.2          If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3          No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Dispatching Confirmation by email.  Only once We have sent you an Dispatching Confirmation will there be a legally binding Contract between Us and you.

8.4          Dispatching Confirmations shall contain the following information:

8.4.1     Your Order Number;

8.4.2     Confirmation of the Products ordered;

8.4.3     Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;

8.4.4     Billing address; and

8.4.5     Delivery address..

8.5          In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

8.6          Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products.

9. Payment

9.1          Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

9.2          We accept the following methods of payment on Our Site:

9.2.1     PayPal;

9.2.2     Visa, Mastercard, Maestro.

10. Delivery, Risk and Ownership

10.1          All Products purchased through Our Site will normally be delivered according to the chosen delivery method as specified in the Shipment Info page unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

10.2          Additional custom charges, VAT or other taxes may apply to the Order when exported from the United Kingdom and imported in the destination country, depending on the destination country’s regulations. It is your responsibility to comply with these regulations and pay such charges. The Wine Cellar will not be responsible for such additional charges or be involved with custom or tax procedures.

10.3          If the courier is unable to deliver the Order to you and return the Products to Us, the following will apply: We will treat the Contract as cancelled and recover the Products.  If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that we incur in recovering the Products.

10.4          In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Dispatching Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

10.4.1     We have refused to deliver your Products; or

10.4.2     In light of all relevant circumstances, delivery within that time period was essential; or

10.4.3     You told Us when ordering the Products that delivery within that time period was essential.

10.5          If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.

10.6          You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Products in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 days.  Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Products.

10.7          Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the address including, where relevant, any alternative address you have provided.

10.8          Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

10.9          Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products.

11. Problems with the Products

11.1          By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).

11.2          If any Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact Us as soon as reasonably possible and in any event within 3 days to inform Us of the problem, and to arrange for a refund or replacement. You are unable to demand the return, refund or replacement of the Products thereafter.

11.3          Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind.  Please refer to Clause 12 for more details.

11.4          To return Products to Us for any reason under this Clause 11, please contact Us to arrange for a return.  We will be fully responsible for the costs of returning Products under this Clause 11 and will reimburse you where appropriate.

11.5          Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

11.6          Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Products were originally purchased.

11.7          Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products.

11.8          For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancellations

 

12.1          You may cancel the Order for any reason at any time up until 7 day from the time that you placed the Order, provided that We have not yet dispatched the Order.

12.2          Orders cannot be cancelled once they have been dispatched.

12.3          If the cancellation is made after We have dispatched the Order, shipping fees will not be refunded.

12.4          To contact Us directly to cancel, please use the following page contact Us or reply to the order confirmation email

12.5          Please note that, due to the perishable nature of the Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  You may cancel after receiving Products if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.

12.6          It is against the law to sell or supply intoxicating substances to persons under 18 years of age in the United Kingdom. By placing an Order you confirm that you are at least 18 years old. If Our couriers are in doubt of the age of the recipient of an Order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the order with the recipient / you. We will treat such situation as a cancellation of the Order, and since We will require the courier to return to sender, shipping fees will not be refunded.

12.7          Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.

12.8          Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.

 

13. Our Liability to Consumers

13.1          We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

13.2          We only supply products for domestic and private use by consumers.  We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.3          Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.4          Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

14. Events Outside of Our Control (Force Majeure)

14.1          We will not be liable for any failure, damage or delay in performing Our obligations where that failure, damage or delay including but not limited to delays in the delivery or damage of Products during the shipping performed by third-parties, results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, delays in the shipping of or damage of Products or any other event that is beyond Our reasonable control.

14.2          If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1     We will inform you as soon as is reasonably possible;

14.2.2     We will take all reasonable steps to minimise the delay;

14.2.3     To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4     We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;

14.2.5     If the event outside of Our control continues for more than 30 days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;

15. Communication and Contact Details

15.1          If you wish to contact Us with general questions, for matters relating to the Products or your Order, and/or for matters relating to cancellations, please contact Us using the contact Us form, and refer to the relevant Clauses above.

16. How We Use Your Personal Information (Data Protection)

16.1          All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications Regulations 2019 and the General Data Protection Regulation (EU Regulation 2016/679) and and your rights hereunder.

16.2          For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.

17. Other Important Terms

17.1          We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

17.2          You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

17.3          The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.4          If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

17.5          No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.6          We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.

18. Law and Jurisdiction

18.1          These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2          If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3          If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4          If you are a business or international customer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.

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