Terms and conditions :: Pierre le Vin

Pierre le Vin - Terms and Conditions, Privacy Policy

1. Introduction

1.1 These terms and conditions govern the sale and purchase of wines through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 ‌Alcoholic beverages can only be purchased by those over 18. By placing an order via our website you are confirming that you are at least 18 years of age. Upon delivery, products must be signed for by an adult and proof of age may be required.

1.4 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

2.1 In these terms and conditions:

(a) "we" means Welch & Co Wine Merchants LLP trading as Pierre le Vin; and

(b) "you" means our customer or prospective customer,

and "us", "our" and "your" should be construed accordingly.

3. Order process

3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must next provide your billing and shipping details, and confirm that you will pay via bank transfer; we will then send you an initial acknowledgement; you must pay the price for the products via bank transfer; and once we have received payment and are ready to dispatch the products, we will usually send you a notification that your products have been or are being shipped. A binding contract between us will only come into force when we send this notification or when the products are shipped (whichever happens first).

3.4 You will have the opportunity to identify and correct input errors prior to making your order.

3.5 ‌We reserve the right not to accept any order.

3.6 If we are not able to meet your order we will refund any payments we have received from you with respect to the order (in these circumstances, no binding contract will have come into force).

4. Wines

4.1 ‌Orders for local delivery (within 20 miles of our warehouse at Howbery Park) must be for a minimum value of £75, otherwise subject to a delivery charge of £7.95 per order including VAT.

4.2 We may periodically change the wines available on our website, and we do not undertake to continue to supply any particular wine.

4.3 ‌All wines are offered subject to availability. Some do go out of stock between the placing an order and the wines being prepared for delivery. If a wine is unavailable, we may offer a replacement (of the same or greater value) at no extra cost, or make alternative arrangements agreeable to you. All changes to an order will be confirmed to you in writing before we dispatch the wines. With mixed cases of wine, we reserve the right to substitute one wine for another of similar quality if a particular wine is out of stock. As a last resort, in the case of unavailability of an ordered wine, we reserve the right to cancel your order and issue a full refund.

4.4 ‌Wines may not be supplied in their original packaging.

5. Prices

5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

6. Payments

6.1 You must, after completing the checkout process and on the same day, pay the price of the wines you order by bank transfer or by debit/credit card.

6.2 If you fail to pay to us any amount due, then we may withhold the wines ordered and/or cancel your order.

7. Deliveries

7.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 3 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.3 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

7.4 We will deliver free to addresses within 20 miles of our warehouse at OX10 8BA for minimum orders of £75 by value.

For orders of less than £75 by value we will charge £7.95 for delivery, as specified during checkout.

For deliveries beyond 20 miles of our warehouse, please contact us to discuss the charge.

7.5 ‌We require a signature upon delivery from a person over the age of 18. Proof of age may be required.

7.6 Please open cases on arrival and report any breakages or missing wines within 24 hours following delivery.

7.7 Please ensure the correct address is provided and recipients are able to accept deliveries. If no one is available to receive the goods, they will be returned to our warehouse. It is then up to you to arrange re-delivery with us and this may entail a delivery charge.

8. Distance contracts: cancellation right

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, 14 days after the day on which the last of those products comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to the address we provide to you) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order, except as otherwise provided in this Section 8.

8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes. In relation to wines, this will include opening or unsealing the wines.

8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9 You will not have any right to cancel a contract as described in this Section 8 to the extent that the wines in question have been opened.

9. Quality issues

9.1 In the event of a wine being corked or otherwise faulty we will provide a full refund. We may require the wine to be returned to us for testing and will ensure all costs are credited. We will not give a refund if a wine has been open too long or improperly stored.

9.2 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. Limitations and exclusions of liability

10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a) are subject to Section 10.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 Our aggregate liability to you in respect of any contract to purchase wines from us under these terms and conditions shall not exceed the total cost of the wines under the contract.

11. Order cancellation

11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, or reverse any payment of, any amount due to us under contract under these terms and conditions; or

(b) you commit any breach of contract under these terms and conditions .

11.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of products.

12. Consequences of order cancellation

12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

13. Variation

13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Entire agreement

15.1 Subject to Section 10.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

16. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

17. Statutory and regulatory disclosures

17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

17.2 These terms and conditions are available in the English language only.

18. Our details

18.1 This website is owned and operated by Welch & Co Wine Merchants LLP.

18.2 We are registered in England and Wales under registration number OC412053, and our registered office is at Windrush West, Howbery Park, Wallingford, Oxon, England, OX10 8BA.

18.3 You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website from time to time.

Pierre le Vin - privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.

1.2 This policy applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 In this policy, "we", "us" and "our" refer to Welch & Co Wine Merchants LLP (trading as Pierre le Vin). For more information about us, see Section 10.

2. How we use your personal data

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(d) the legal bases of the processing.

2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your website user account data ("account data"). The account data may be processed for the purposes of operating our website, ensuring the security of our website, verifying customer ages, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.4 We may process information relating to transactions, including purchases of goods, that you enter into with us ("transaction data"). The transaction data may be processed for the purpose of supplying the purchased goods, verifying customer ages and keeping proper records of those transactions. The legal basis for this processing is our legitimate interests, namely the proper administration of our business.

2.5 We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The communication data may be processed for the purposes of communicating with you, verifying customer ages and record-keeping. The legal basis for this processing is our legitimate interests, namely communications with our website visitors and customers and the proper administration of our website and business.

2.6 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.7 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.8 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3. Providing your personal data to others

3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2 Your personal data held in our website database will be stored on the servers of our hosted website services providers, Webnode AG.

3.3 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Retaining and deleting personal data

4.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.2 We will retain your personal data as follows:

(a) usage data will be retained for a period of 36 months following the date of collection;

(b) account data will be retained for a minimum period of 6 years following the date of closure of the relevant account, and for a maximum period of 7 years following that date;

(c) transaction data will be retained for a minimum period of 6 years following the date of the transaction, and for a maximum period of 7 years following that date; and

(d) communication data will be retained for a minimum period of 6 years following the date of the communication in question, and for a maximum period of 7 years following that date.

4.3 Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Your rights

5.1 In this Section 5, we have listed the rights that you have under data protection law.

5.2 Your principal rights under data protection law are:

(a) the right to access - you can ask for copies of your personal data;

(b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(d) the right to restrict processing - you can ask use to restrict the processing of your personal data;

(e) the right to object to processing - you can object to the processing of your personal data;

(f) the right to data portability - you can ask that we transfer your personal data to another organisation or to you;

(g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and

(h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

5.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

5.4 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.

6. About cookies

6.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

6.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

6.3 Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

7. Cookies that we use

7.1 We may use cookies for the following purposes:

(a) authentication and status - we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website;

(b) shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our website;

(d) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

8. Cookies used by our service providers

8.1 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.

9. Managing cookies

9.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647 (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

9.2 Blocking all cookies will have a negative impact upon the usability of many websites.

9.3 If you block cookies, you will not be able to use all the features on our website.

10. Our details

10.1 This website is owned and operated by Welch & Co Wine Merchants LLP.

10.2 We are registered in England and Wales under registration number OC412053, and our registered office is at Windrush West, Howbery Park, Wallingford, Oxon, England, OX10 8BA.

10.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using paul@welchandco.com.

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