Terms and Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
- "Contract" means the contract for sale and purchase of Goods in accordance with these Terms.
- "Customer" means the person firm or company who accepts the Seller's quotation for the sale of Goods, orders the Goods and whose order for Goods is accepted by the Seller.
- "Goods" means all those wines and other goods or services supplied by the Seller.
- "Seller" means Halfwine Limited.
- "Terms" means the standard terms and conditions of sale of the Seller as set out in this document to which all Contracts shall be subject. These Terms supercede any terms and conditions of the Customer.
- "Orders" means a request by the Customer for Goods subject to these Terms.
The headings in these Terms are for convenience only and shall not affect their interpretation.
2. The Contract
2.1. All Orders are accepted by the Seller only under these Terms and these Terms shall be the sole terms and conditions of any sale by the Seller to any Customer. The Terms may not be altered except with the written agreement of a Company Director of the Seller. Any contrary or additional terms unless so agreed are excluded. The placing of an Order for or the acceptance of Goods by the Customer shall indicate unqualified acceptance of these Terms.
2.2. Your order is an offer to buy from the seller. There will be no contract of any kind between you and the seller unless and until the seller accepts your order and in the case of wines and goods to be delivered to you, when the seller actually despatches the goods to you. At any point up until then, the seller may decline to supply the goods or services to you without giving any reason. At the moment the seller accepts your order or, in the case of delivery of goods, when the goods are despatched, a contract will be made between you and the seller.
2.3. Orders are accepted by the Seller subject to availability of Goods at the time of delivery. Substitutions for out of stock items with items that have a higher price will only be made with the Customer's Agreement.
2.4. These Terms supersede all previous oral or written representations, undertakings and agreements relating to the Goods.
2.5. The Seller reserves the right to revise or change the style of labels and packaging at any time to make any changes in the specification of the Goods which are required to conform with any applicable health, safety or other statutory and/or E.U. requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
2.6. The Seller shall not be liable in respect of any misrepresentation made by the Seller, its employees or agents to the Customer as to the condition or quality of the Goods as far as English law allows or unless the representation is made or confirmed in writing by the Seller.
2.7. While the Seller takes every precaution in the preparation of its website, catalogues, price lists and other literature these items are for the guidance of the Buyer only and statements therein shall not constitute representations by the Seller and the Seller shall not be bound by them. Any typographical, clerical or other error or omission in any website, sales literature, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Price Payment
3.1. The price payable for Goods shall be that stated in the Seller's price list on the website current at the date of payment by the customer unless otherwise agreed in writing by the Seller. Seller quotations and prices are based on costs and excise duty prevailing at the time when they are given or agreed. All prices quoted are inclusive of Value Added Tax which is payable at the rate ruling at the date of purchase unless zero rated or exempt from VAT.
3.2. halfwine offers wine by category so the wine that you receive may not be the specific wine that you ordered. However, it will be a good wine of a similar style at a similar price. If the wine to be delivered is cheaper by more than 5%, we will refund the difference. If the wine to be delivered is more expensive by more than 5% we will seek your approval before delivery and before charging you the increased amount.
3.3. The prices of Goods stated in the Seller's general price list including its website are subject to alteration without prior notice and will be reviewed at least once in a calendar year. Specifically (and without limiting the foregoing) prices are subject to alteration to reflect changes in duty or foreign exchange rates and variations in the prices charged to the Seller by their suppliers.
3.4. The Customer shall make payment for the Goods in cleared funds prior to the receipt of the Goods.
4. Orders and Delivery
4.1. The Customer may cancel an order free of charge at any stage of processing prior to the transmission of the order to the Sellers distribution department. The Seller will be entitled to refuse cancellation or apply a charge for orders cancelled post transmission.
4.2. Delivery shall occur when the Goods have been unloaded at the Customer's address by the Seller or their appointed carrier. If the Customer fails to take or make arrangements to accept delivery or collect the Goods or if the Seller is unable to deliver because of inadequate access or instructions delivery shall be deemed to have occurred and the Seller may do any one or more of the following (without prejudice to any other right or remedy the Customer may have):-
4.2.1. make additional charges for failed delivery;
4.2.2. store the Goods at the Customers risk and cost;
4.2.3. terminate this Contract without liability on the Seller's part; and/or
4.2.4. recover from the Customer all costs and losses incurred by the Seller.
4.3. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence.
4.4. If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control, or the Customer fault, and the Seller is accordingly liable to the Customer, the Seller's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods. The Customer will indemnify the Seller in respect of all losses damages costs and expenses incurred as a result of delivery in accordance with the Customer's instructions. This indemnity will be reduced in proportion to the extent that such losses damages costs or expenses are due to the Seller's negligence.
5. Inspection of Goods
5.1. The Customer shall inspect the Goods at the place and time of unloading.
5.2. Unless the Seller or the delivery driver is notified forthwith and written notice is received by the Seller within 5 working days of unloading of any claim apparent on reasonable inspection for loss or damage in transit, short delivery or failure to conform to the Contract the Goods will be deemed to have been delivered in accordance with the delivery documents and accepted by the Customer and the Customer shall not be entitled to any right to reject the Goods.
5.3. The Customer shall sign the delivery documents with discrepancies annotated as appropriate. Delivery documents signed as ‘unchecked' will be deemed as accepted by the Customer.
5.4. The Seller's liability for loss or damage in transit, short delivery, failure to conform to the Contract or apparent on reasonable inspection is limited to supplying the Goods as ordered and the Seller shall not be liable for any damages whatsoever.
6. Product Returns
6.1. Returns are permitted if either
6.1.1. the Goods were delivered to the Customer incorrectly (these should be reported to the Seller within 5 working days of delivery); or
6.1.2. advance consent has been granted by the Seller's Customer Service agents in accordance with the Seller's sale or return agreement.
6.2. Authorised returns must be arranged in advance to allow sufficient time for collection documentation to be raised.
6.3. Bottles must be returned in a saleable condition with seals and neck capsules.
6.4. Bottle labels must not be stained or damaged.
6.5. Drivers are only authorised to collect Goods that are included on a collection note.
6.6. The Seller will email the Customer a copy of the collection note prior to the collection if requested by the Customer.
7. Title Risk and Lien
7.1. Risk of loss or damage to the Goods shall pass to the Customer when the Goods are delivered by the Seller to the Customer.
7.2. Without prejudice to the foregoing none of the Goods are supplied on a "sale or return" basis.
8.1. The Seller warrants that the Goods will correspond with any description given in its price list or specification and be of satisfactory quality and will comply with all applicable UK legislation governing the sale of the Goods and the Seller will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:
8.1.1. Customer makes a full inspection of the Goods immediately upon delivery;
8.1.2. Customer notifies the Seller immediately of any defects which it discovers;
8.1.3. Customer provides a proof of purchase;
8.1.4. Customer has stored the Goods in a suitable environment and at the appropriate temperature; and
8.1.5. Goods are either made available to the Seller for inspection or returned to the Seller in their original condition and packaging, as the Seller may request.
8.2. In all cases, claims must be made by the Customer and gift recipients should contact the Customer who will claim on their behalf.
8.3. In no circumstances shall the Seller's liability to the Customer for any breach of warranty exceed the price paid for the Goods in respect of which the claim is made.
8.4. Except as provided for in these Terms there are no warranties, express or implied, of fitness for a particular purpose or of any other kind except as to title. In particular, all Terms and warranties which would otherwise be implied by statute or under common law are hereby excluded to the fullest extent permitted by law.
8.5. No refund, credit or replacement will be given for out of date Goods unless they are validly rejected for being out of date when delivered to the customer.
9.1. Nothing in these Terms shall exclude or restrict the Seller's liability for death or personal injury resulting from the Seller's negligence.
9.2. The Seller shall under no circumstances be liable to the Customer for any claim (whether arising in or for contract, tort (including negligence) breach of statutory duty, misrepresentation or otherwise) under or in connection with these Terms for any indirect, special or consequential loss or for any loss of anticipated profit or third party claims howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended used of the Goods, even if the Seller has been advised of the possibility of such potential loss.
10. Data Protection
10.1. The Customer consents to the processing by or on behalf of the Seller of personal data (as defined by the Data Protection Act 1998) supplied by the Customer or held by the Seller or its agents for the purposes of administering the Customer's account and processing any orders. The Customer consents to the use of such personal data for direct marketing purposes. The Customer's statutory rights under The Data Protection Action 1998 remain unaffected.
11. Force Majeure
11.1. The Seller shall not be liable to the Customer for any loss or damage caused to or suffered by the Customer as a direct or indirect result of the supply of the Goods by the Seller being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Seller.
12. Governing Law
12.1. The construction, validity and performance of the Contract shall be governed by English law and the parties agree to submit to the jurisdiction of the English Courts.
Effective October, 2010