Terms and Conditions
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 "Seller" means HTFWINES
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 Where mixed cases of wine are offered, the seller reserves the right to replace certain items with others of similar value at any time.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 28 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Due to the fragile nature of the goods, orders shall be made up in multiples of 6 bottles to minimise the risk of breakages.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 5 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
7.1 In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 60 days from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
9.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.
Privacy and Legal for Reward Scheme
What terms and conditions apply?
When you join Hard to Find Wines Rewards Scheme, you automatically become bound by the Collector rules that set out the terms on which you participate and how you can earn and use points.
When you use this website, you are subject to our terms of and conditions for its use.
Hard to Find Wines Rewards Scheme collector rules
If you apply to register with the Rewards Scheme or use Rewards points you accept these rules. We may refuse an application of rewards account or rewards points for any reason. Points have an expiry date of 18 months from the day they are put in your account. We may not clear you points account after 18 months â€“ However if you wish to use your points we will check the dates to see if they are valid.
All account holder must have a resident UK, Channel Island or Isle of Man address. Changes of address must be notified to us. Account holders must be over 18.
We have the right to change or offer you a replacement reward if we cannot provide the original requested reward.
All Rewards are subject to availability. Transactions on which Points are earned or redeemed are made directly with the relevant Sponsor or Supplier and we have no responsibility for the delivery, standard, quality or otherwise of any goods and services received or supplied or the failure of a Supplier to honour a redemption or make a specific Reward available. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) of the Sponsor or Supplier. When Points are redeemed we will act as intermediary between the relevant Account holder and the Supplier and we will do what we can to ensure such Rewards are supplied by the relevant Supplier. Our General Rewards Conditions will apply to any Rewards booked with us or directly with the Supplier and these are available from us.
Points will be earned for transactions when ordering online. We have the right to refuse these points or withhold points at any time. We also have the right to refuse points if the customer is placing an order on the phone or any other means to order (email etc)
Points cannot be redeemed until credited to a Rewards Account.
We are not responsible for a failure, delay or error by a Sponsor of the reward provided.
Redeemed Points cannot be used again. If a transaction on which Points are issued or redeemed is cancelled, reversed or not completed, we will reverse the associated Points. If insufficient Points are available, or we suspect fraud or misconduct, Rewards may be refused or cancelled.
Points can only be earned, held, transferred or redeemed as set out in these Rules. Any other use, award, sale, exchange or transfer of Points, or attempt to do so, is a serious breach of these Rules. Any Points not earned and held in accordance with these Rules will be invalid and cannot be redeemed for Rewards. Points have no cash value.
We may close any Account on which no Points have been earned at any time.
We may make changes to these Rules and will give the Account holders as much notice as we reasonably can. Earning or redeeming Points on a Rewards Scheme will constitute acceptance of the revised Rules. We may suspend or terminate the Rewards Scheme but will give as much notice as we reasonably can before we do so. If this happens all Rewards Scheme accounts will be suspended or terminated. If we sell or transfer Hard to Find Wines to another company we may transfer all of our rights and obligations under these Rules without any further consent and may disclose or transfer all information we hold about account holders to a prospective or actual new owner. Such a disclosure or transfer will not alter the rights of such account holders in respect of the use that can be made of such information by such other company.
Any Trade accounts will not be able to use points provided.
Delivery of rewards will be charged at a standard rate of £ 7.99, or if ordered in conjunction with a wine order no further delivery charges will apply.
You can contact us by logging onto our web-site or by calling the Rewards Scheme helpline.
Hard to Find Wine Ltd, Office 2, Victoria and Albert Building, Waterloo Rd, Ketley, Telford, TF1 5BA.
To confirm a booking Hard to Find Wines require a non-refundable deposit of £ 100 or 25% of the total fee including VAT, whichever is greatest.
This deposit is required within 10 working days of a provisional booking being made.
If the number of guests increases or decreases the client shall inform Hard to Find Wines of the changes and confirm final numbers no later than 10 working days before the event.
15 working days before the event the full, outstanding payment will become due. Or you can make payment for the tasting on the website which ever you prefer.
Should the number of guests attending the event increase Hard to Find Wines will invoice the client for the additional guests after the event.
If the client cancels the tasting Hard to Find Wines will charge the following cancellation fee:
- If the booking is cancelled more than 10 working days before the date of the wine tasting Hard to Find Wines will retain the deposit. This deposit can be used against a future tasting if re-booked within 6 months.
- If the booking is cancelled within 10 working days of the wine tasting, the deposit will be retained and the outstanding balance will be required as a cancellation fee.
To confirm a booking Hard to Find Wines require a non-refundable deposit of £ 100 or 25% of the total fee - whichever is greatest.
This deposit is required within 15 working days of a provisional booking being made. Or you can make payment for the tasting on the website which ever you prefer.
The balance is payable on the day of the wine tasting based on final numbers attending with a minimum of 10 people.
If you cancel the tasting Hard to Find Wines will charge the following cancellation fee:
- If the booking is cancelled more than 10 working days before the date of the tasting Hard to Find Wines will retain the deposit. This deposit can be used against a future tasting if re-booked within 6 months.
- If the booking is cancelled within 10 working days of the wine tasting the deposit will be retained and may not be used against future bookings.