Terms and Conditions
TERMS OF SERVICE
SECTION 1 - OVERVIEW
This website is owned and operated by Enotria Winecellars Ltd (trading as Great Western Wine). Throughout the site, the terms “we”, “us” and “our” refer to Enotria Winecellars Ltd. Enotria Winecellars Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to our Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Sites following the posting of any changes constitutes acceptance of those changes.
SECTION 2 - ONLINE SHOP TERMS
It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Enotria Winecellars Ltd (trading as Great Western Wine) is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the product 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 product.
We reserve the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – TERMS OF SALE
The placing of an order on our Sites does not constitute a contract. The contract between you and us will only be formed on the despatch of the products ordered unless we have notified you that we do not accept your order, or you have cancelled the order in accordance with the instructions set out in the “Cancellation” section below.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered is unavailable
- We were unable to obtain authorisation for payment
- We were unable to verify that you are aged over 18
- The identification of a pricing or product description error
- The repeated or fraudulent use of vouchers or promotions
You agree to provide current, complete and accurate purchase and account information for all purchases made via our Sites.
We may validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. If we cannot verify your age using this method we may contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.
Pricing and Availability
All prices are listed in pounds sterling. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.
Prices are subject to change without notice. We also reserve the right to terminate any promotional offer at any time without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We endeavour to ensure that all pricing information on our Sites is accurate. In the event a product you have ordered was listed at an incorrect price, we will contact you before despatching your products to confirm if you still wish to proceed with your order.
All products and services are subject to availability.
Product and Services
We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice at any time.
Products and services may be made available through our Sites as online exclusives. These products and services may be subject to return or exchange limitations according to our Return Policy. Where required this information will be highlighted.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our Sites. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We offer a range of delivery options. Available options are dependent on product and delivery destination(s). All delivery options are subject to availability. Working days exclude UK public holidays. For further details of delivery options and prices, please go to our Delivery page.
Delivery options will be displayed at checkout. We aim to process and despatch orders within 48hours and deliver within four working days. Working days are classed as Monday to Friday. Any dates quoted for delivery are approximate only.
Deliveries are guaranteed and fully insured. Our carrier will attempt to deliver twice. If the recipient fails to accept the delivery or to respond to calling cards, the delivery will be returned to us. It is the recipient's responsibility to communicate to us and/or to our carrier if there are any known issues related to delivery. There may be a charge for re-delivery.
We reserve the right to restrict deliveries or to withdraw services to individual addresses based on exceptional circumstances.
Delivery services are not available on our Sites may be arranged by calling Customer service. Find out full details by going to our Delivery page.
Click & Collect
Click & Collect is a free deliver to store service. Orders will be available for collection from the Great Western Wine Shop, Unit 3-4, Wells Road, Bath, BA2 3AP only (Opening Hours: Daily 10am – 7pm and Saturday 10am – 6pm, closed on Bank Holidays). Orders are ready for collection within 2 working days. You will be notified by the Customer Service team when your order is ready for collection. When collecting your order, please ensure you bring a valid photo ID, card used for payment along with a copy of your order. This can be a printed copy or you can show a copy of the email confirmation on your phone or tablet. If you are unable to collect your order within 15 days of purchase, your order will be cancelled and payment refunded.
Cancellation and Refund
You may cancel your order up to and including 14 calendar days after the day on which you receive your order. We will arrange to collect (free of charge) the unwanted goods and, provided all products are unopened and intact and the goods in its original packaging, reimburse the appropriate sum paid within 14 calendar days after a.) the day we receive the goods back or b.) the day on which you supply to us appropriate evidence of having sent the goods back.
You need to inform us you wish to cancel your order by contacting our Customer Services team using one of the methods in the “Contact Us” section. If you are e-mailing us or writing to us please include details of your order to help us identify it. Alternatively please complete the model cancellation form on our Site. A link to the cancellation form will be included in our order confirmation email.
Refunds will be made to the same payment method originally used to make payment for your order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Cancellation Policy act in accordance with Consumer Contracts Regulations 2013
This legislation offers consumers the following cancellation rights when buying online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise this right no later than 14 days after the day on which you receive the goods or services
- Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them (duty of care)
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address
- You can submit cancellation online, email or phone
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery)
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied
If you do not enjoy our Product or Services or you suspect that they may be faulty please contact our Customer Services team using one of the methods in the “Contact Us” section.
If you receive a Product that is damaged or faulty, we will always replace, refund, or recommend an alternative product as appropriate. We reserve the right to collect faulty Product for inspection.
This does not affect your statutory rights.
If your order includes multiple quantities of the Product, provided you have only consumed one and the remaining products are in their original packaging - intact and unopened, we will arrange for collection.
We have made every effort to ensure the packaging of our Products are fit for purpose. Any Product broken in transit will be replaced as soon as we have been notified of the breakage.
All goods should be examined at the time of delivery. We cannot be held liable for any breakages once you have accepted and signed for your delivery. Please notify us of any discrepancies, shortages or damage within 48 hours of delivery.
SECTION 4 – SECURITY AND DATA PROTECTION
We have made every effort and take extra precautions to protect users’ information. We have in place security systems and encryption technology to help ensure the security of your personal information. The servers on which we collect and store personal information are kept in an accredited and secure environment.
When buying through our site, you can be sure that you are protected.
Any details which you provide to us from which we can identify you are held and processed lawfully and in accordance with the Data Protection Act 1998.
Any information that you give us will never be given or sold to any other organisation under any circumstance without your express permission except to (1) our online payment provider in connection with your processing your order, (2) couriers and other subcontractors for the purpose of fulfilling your order and (3) our partner for the purposes of carrying out maintenance of our Sites.
All partner organisations are under strict obligation to keep your personal information private.
The types of personal information we collect from you are:
- Contact information for order fulfilment and customer services purposes (e.g. name, email, delivery address and phone number).
- Financial information related to payment (e.g. credit card number and expiry date).
NOTE: No financial information is stored on our servers. This information is held securely by our payment partner Sage Pay on our behalf. This information is used for billing purposes and to fulfil your orders.
Our Payment Service Provider is Sage Pay – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you can tell whether a page is secure as 'https' will replace the 'http' at the front of the URL (e.g. www.greatwesternwine.co.uk) in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
You may be asked whether you would like to opt in to receive further information from our Sites which we think may be of interest to you e.g. email newsletter. This requires information such as name and email address to be retained by us for this purpose. If you no longer wish to receive this type of information you can opt-out of these communications by contacting Customer Services or by following the unsubscribe instructions included in any email received.
When you enter any of our competitions, you may need to provide your name, email and/or mailing address. Winners will be notified by email. Competition entries by default add you to our opt-in list to receive further information from our Sites. You can opt-out of these communications by following the unsubscribe instructions in any email received.
By submitting a review to our Sites, you confirm and certify that you are at least 18 years old and the sole author and owner of the intellectual property rights and that all "moral rights" that you may have in such content have been voluntarily waived by you.
Any content you submit grants us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to remove or to refuse to post any submission for any reason. We reserves the right to change, condense or delete any content that we deem, in our sole discretion, to violate content guidelines. We do not guarantee that you will have any recourse to edit or delete any content you have submitted.
You agree and certify that you shall not submit any content that is known by you to be false, inaccurate or misleading, infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, for which you were compensated or granted any consideration by any third party, includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
By submitting contact information e.g. email with a review, you agree that we may use this information to contact you about your review and other related administrative purposes.
You agree to indemnify and hold us harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
SECTION 5 – COOKIES
Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalise your online experience, track your journey through our Site (so that we can maximise your experience and help us understand how we can improve it) or analyse the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners.
Our uses of Cookies fall into the following general categories:
- Essential / Operationally-Necessary - to the operation of our Sites. This includes technologies that allow you access to our Sites, that are required to identify irregular site behaviour, prevent fraudulent activity and improve security, or that allow you to make use of our functions such as shopping baskets, saved search, or similar functions.
- Functionality-Related - allow us to offer you enhanced functionality when accessing or using our Sites. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites.
- Performance-Related – allow us to assess the performance of our Sites including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.
NOTE: If you decide not to have certain cookies stored in your browser you may lose the functionality that they facilitate. Please read the description of the cookie or set of cookies carefully.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on our Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Sites or Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Enotria Winecellars Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Enotria Winecellars Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on our Sites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom and Europe. Enotria Winecellars Ltd is registered in England: 1071904.
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com