TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, https://store-a31wq9ua.mybigcommerce.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by them, you will not be able to order Goods 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 Goods, as explained in Clause 7;

"Goods" means the goods sold by Us through Our Site;

"Order" means your order for Goods;

"Order Confirmation" means our acceptance and confirmation of your Order;

"Order Number" means the reference number for your Order; and

"We/Us/Our" means The Home Cellar Ltd, a limited company registered in England under Company No. 12264986. 

2. Information About Us

2.1 Our Site, https://store-a31wq9ua.mybigcommerce.com, is owned and operated by The Home Cellar Ltd, a limited company registered in England under Company No. 12264986. Our VAT number is 334 1297 16.

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.

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

4. Age Restrictions and the Purchase of Alcohol

4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

4.2 None of the Goods on Our Site may be purchased by anyone under 18 years of age.

4.3 We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order in accordance with these Terms of Sale you confirm that you are at least 18 years of age. We or Our couriers reserve the right not to deliver the Goods if we are unsure of this or to request some form of ID. Valid ID will comprise of a passport, photo card driving licence or Proof of Age Standards Scheme (PASS) approved proof of age identity card.

We operate a Challenge 25 Age Verification policy.

5. International Customers

If Goods are being ordered from outside your country of residence, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

6. Goods, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

6.1.1 Images of Goods 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 and lighting conditions;

6.1.2 Images and/or descriptions of packaging are for illustrative purposes only. The actual packaging of Goods may vary.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).

6.3 Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not alter any main characteristics of the Goods and will not normally affect your use of those Goods.

6.4 In some cases, due to availability, it may be necessary to supply a wine of different vintage to that displayed, without prior notice. We will endeavour to keep these changes to a minimum with regular updates, but cannot be held responsible, where it is unavoidable to do so.

6.5 In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Goods or to the price of those Goods. If We do so, We will inform you in advance of the changes becoming effective. If you are not happy with the changes, you may end the Contract as described below in sub-Clause 12.1.

6.6 We may from time to time withdraw certain products from sale. If any Goods purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, We will inform you in advance. You will be refunded in full for any Goods paid for that you will not receive due to their withdrawal. Refunds will be made within 14 calendar days of the date of Order, using the same payment method that you used when ordering the Goods.

6.7 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 6.9 regarding VAT, however).

6.8 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 Goods 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 48 hours We will treat your Order as cancelled and notify you of this in writing.

6.9 In the event that the price of Goods 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.

6.10 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.

6.11 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to https://store-a31wq9ua.mybigcommerce.com/delivery. Delivery options and related charges will be presented to you as part of the order process.

7. Orders – How Contracts Are Formed

7.1 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.

7.2 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 you 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.

7.3 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 acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4 Order Confirmations shall contain the following information:

7.4.1 Your Order Number;

7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

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

7.4.4 If your Order is for the regular delivery of Goods by subscription, details of your subscription, including its duration;

7.5 We will also include a paper copy of the Order Confirmation in the form of an Invoice with your Goods.

7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will notify you 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 calendar days.

7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

8. Payment

8.1 Payment for Goods and related delivery charges must always be made in advance. Your chosen payment method will be charged at the point of checkout. If you have chosen to receive Goods as part of an ongoing subscription, you will be billed in advance before each delivery of Goods as per your chosen subscription.

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

8.2.1 Visa, Mastercard, American Express, Paypal, Apple Pay. Google Pay;

8.3 If you do not make any payment due to Us within 48 hours of Us reminding you that it is due, We may suspend delivery of the Goods as under sub-Clause 9.8. If you still have not made payment within 7 calendar days of Our reminder, We may cancel the Contract. Outstanding sums (including interest) will remain due and payable and will not be affected by cancellation.

8.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged interest under sub-Clause 8.3 on any sums disputed in good faith under this sub-Clause 8.4.

9. Delivery, Risk and Ownership

9.1 All Goods purchased through Our Site will normally be delivered as follows:

9.1.1 For one-off purchases, Goods will normally be delivered within 3 business days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14);

9.1.2 For the ongoing supply of Goods by subscription, Goods will normally be delivered on the dates specified in your subscription agreement and We will continue delivering the Goods until your subscription expires, or until it is ended either by you or Us.

9.2 If for any reason we are unable to deliver the Goods to your chosen delivery address, you will be responsible for re-scheduling a convenient delivery time. If you do not arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

9.3 In the unlikely event that We fail to deliver the Goods on time, as described in sub-Clause 9.1, if any of the following apply you may treat the Contract as being at an end immediately:

9.3.1 We have refused to deliver your Goods; or

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

9.3.3 You told Us when ordering the Goods that delivery within that time period was essential.

9.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date for the Goods in question. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

9.5 You may cancel some or all of the Goods under sub-Clauses 9.3 or 9.4 provided that separating the Goods is possible and would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Goods 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 Goods.

9.6 In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:

9.6.1 To fix technical problems with the Goods or to make necessary minor technical changes;

9.6.2 To update the Goods to comply with relevant changes in the law or other regulatory requirements;

9.6.3 To make more significant changes to the Goods, as described above in sub-Clause 6.4.

9.7 If We need to suspend delivery of the Goods for any of the reasons set out in sub-Clause 9.6, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension). No payment will be taken from you while delivery is suspended. If suspension lasts (or We tell you that it is going to last) for more than 14 calendar days, you may end the Contract as described below in sub-Clause 12.2.

9.8 We may suspend delivery of the Goods if We do not receive payment on time for those Goods from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 calendar days of Our notice, We may suspend delivery of the Goods until We have received all outstanding sums due from you. If We do suspend delivery of the Goods, We will inform you of the suspension. You will not be charged for any Goods while delivery is suspended. If you have contacted Us to dispute any charges in good faith (see sub-Clause 9.5) We will not suspend delivery of the Goods.

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

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

9.11 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

10. Faulty, Damaged or Incorrect Goods

10.1 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). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at customercare@thehomecellar.com or through the Contact page of Our Site as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, or replacement. Your available remedies will be as follows:

10.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 14 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. In this instance, however, we would require you to provide Us with photographic evidence as part of your claim.

10.1.2 If, after replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right to reject them in exchange for a refund.

10.2 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods 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 cancel or return Goods to Us under this Clause 10 merely because you have changed your mind. If you are a consumer you have a legal right to a 14 calendar day cooling-off period. Please refer to Clause 11 for more details.

10.3 To return Goods to Us for any reason under this Clause 10, please contact Us at customercare@thehomecellar.com or through the Contact page of Our Site to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.

10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.5 Any and all refunds issued under this Clause 10 will include all delivery costs for the affected Goods.

10.6 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

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

11. Cancelling and Returning Goods if You Change Your Mind

11.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation. 

11.1.1 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

11.1.2 If the Goods are being delivered on a regular basis under a subscription, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the first delivery of Goods.

11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience We recommend you contact us at customercare@thehomecellar.com or through the Contact page of Our Site. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. In each case, providing Us with your name, address, email address, telephone number, and Order Number.

11.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

11.4 Please note that you may lose your legal right to cancel under this Clause 11 in the following circumstances:

11.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

11.4.2 If the Goods have been personalised or custom-made for you;

11.4.3 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

11.5 Please ensure that you return Goods to Us no more than 7 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.

11.6 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.

11.7 Please contact Us at customercare@thehomecellar.com to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.

11.8 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:

11.8.1 The day on which We receive the Goods back; or

11.8.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 11.8.1); or

11.8.3 If We are collecting the Goods under sub-Clause 11.7, the day on which you inform Us that you wish to cancel the Contract; or

11.8.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

11.9 Refunds under this Clause 11 may be subject to deductions in the following circumstances:

11.9.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

11.9.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 11. We are required by law to reimburse standard delivery charges (or the equivalent) only.

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

12. Your Other Rights to End the Contract

12.1 You may end the Contract at any time if We have informed you of a forthcoming change to the Goods that you do not agree to, as described in sub-Clause 6.4.

12.2 If We have suspended delivery of the Goods for more than 14 calendar days, or We have informed you that We are going to suspend delivery for more than 14 calendar days, you may end the Contract, as described in sub-Clause 9.7.

12.3 If you no longer wish to receive Goods from Us and wish to end your subscription before your subscription period is complete you may do so by contacting Us as described below. Your cancellation will be effective as soon as We receive it.

12.4 You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12.5 You will be refunded in full for any Goods paid for that you have not yet received or will not receive due to your cancellation. Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when ordering the Goods.

12.6 If any Goods are to be returned to Us as a result of your cancellation under sub-Clauses 12.1, 12.2, or 12.4, We will be fully responsible for the costs of returning those Goods and will reimburse you where appropriate.

12.7 If you wish to exercise your right to cancel under this Clause 12, you may do so in any way you wish, however for your convenience We recommend you contact us at customercare@thehomecellar.com or through the Contact page of Our Site. In each case, providing Us with your name, address, email address, telephone number, and Order Number.

12.8 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

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 goods for domestic and private use by consumers. We make no warranty or representation that the Goods 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 or delay in performing Our obligations where that failure or delay results from any cause 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 Goods as necessary;

14.2.5 If the event outside of Our control continues for more than 28 calendar days We will 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 calendar days of the date on which the Contract is cancelled;

14.2.6 If an event outside of Our control occurs and continues for more than 28 calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We recommend you contact us at customercare@thehomecellar.com or through the Contact page of Our Site. In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar 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 you may do so by telephone at +44 (0) 7880 725 710, by email at customercare@thehomecellar.com, or through the Contact page of Our Site.

15.2 For matters relating to the Goods or your Order, please contact Us by email at customercare@thehomecellar.com.

15.3 For matters relating to cancellations, please contact Us by email at customercare@thehomecellar.com.

16. Complaints and Feedback

16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

16.2.1 By email, at customercare@thehomecellar.com.

16.2.2 By telephone on +44 (0) 7880 725 710.

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

17.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

17.2 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 & Cookies Policy.

18. Other Important Terms

18.1 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.

18.2 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.

18.3 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.

18.4 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.

18.5 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.

18.6 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 are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 calendar days of your cancellation.

19. Law and Jurisdiction

19.1 These Terms and Conditions, 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, Northern Ireland and Scotland.

19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, 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.

 

TERMS OF USE

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://store-a31wq9ua.mybigcommerce.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale (above) for more information.

1. Definitions and Interpretation

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

"Account" means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

"Content" means any and all text, images, audio, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

"User" means a user of Our Site;

"User Content" means any content submitted to Our Site by Users including, but not limited to, product reviews, communications, social media posts; and

"We/Us/Our"  means The Home Cellar Ltd, a limited company registered in England under Company No. 12264986.

2. Information About Us

2.1 Our Site, https://store-a31wq9ua.mybigcommerce.com, is owned and operated by The Home Cellar Ltd, a limited company registered in England under Company No. 12264986. Our VAT number is 334 1297 16.

3. Access to 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.

4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.

4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We require that you choose a strong password for your Account, consisting of one upper case letter, one lower case letter and one special character. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at customercare@thehomecellar.com. We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8 If you close your Account, any reviews, communications and social media posts you have created on Our Site will be deleted.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print one copy of any page from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews, communications and social media posts.

6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page of Our Site.

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us for further information.

7.4 You may not link to Our Site from any other site the main content of which contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10 implies any form of affiliation with Us where none exists;

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers

9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.

9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.

9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.

10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

10.4 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

12.2.1 is sexually explicit;

12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

12.2.3 promotes violence;

12.2.4 promotes or assists in any form of unlawful activity;

12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7 is calculated or is otherwise likely to deceive;

12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10 implies any form of affiliation with Us where none exists;

12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

12.3.3 issue you with a written warning;

12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

12.3.5 take further legal action against you as appropriate;

12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

12.3.7 any other actions which We deem reasonably appropriate (and lawful).

12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

13. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://store-a31wq9ua.mybigcommerce.com/privacy-cookies. These policies are incorporated into these Terms of Use by this reference.

14. Changes to these Terms of Use

14.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Us

To contact Us, please email Us at customercare@thehomecellar.com or through the Contact page of Our Site.

16. Communications from Us

16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your Account Settings. If you opt out of receiving emails from us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at customercare@thehomecellar.com.

17. Data Protection

17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

17.2 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, available from https://store-a31wq9ua.mybigcommerce.com/privacy-cookies.

18. Law and Jurisdiction

18.1 These Terms and Conditions, 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, Northern Ireland and Scotland.

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 and Conditions, 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.