Terms & Conditions

 

Introduction

This website is owned and operated by VinQuinn Limited a company registered in England and Wales with company number 08974493 and registered office at The Old Tannery, Oakdene Road, Redhill, Surrey, RH1 6BT United Kingdom (VinQuinn, we, us). By using the website and ordering goods (Goods) from us, you agree to be bound by these terms and conditions (the Terms). The Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by the Terms, do not use the website. If you have any questions, you can contact us at sales@vinquinn.com.

We reserve the right to update these Terms from time to time at our discretion. If we do so the updated version will be effective as soon as it is accessible, provided that any changes shall not apply in respect of an order received. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

You may order Goods as a consumer (that is, an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession) or as a business. Different provisions govern your order depending on whether you are a consumer or a business.

 

Goods

We take reasonable care to make sure that descriptions of the Goods are correct at all times. If we become aware of any error in a description of any Goods that you have ordered, we shall notify you as soon as practicable.

 

All Goods are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available and we shall promptly refund all costs paid.

 

The Goods shall be of satisfactory quality, but you agree that (a) we warrant the taste or drinkability of Goods because drinkability and taste are subjective; (b) given the nature of the Goods that we sell we shall have no liability to you and will not refund you for corked wines; (c) the Goods will be in the condition to be expected given their age, provenance and nature; and/or (d) the Goods will be subject to any imperfections set out in the description of the Goods on the website.

 

We will use our reasonable endeavours to respond to any enquiries you may make about the provenance of the Goods.  However, you agree, that the provenance information we provide is based on information provided to us by third parties and we cannot reasonably be expected to have checked or verified such information. Accordingly, we do not warrant the accuracy or completeness of any provenance information and shall have no liability to you for any losses you may suffer as a result of any errors in such provenance information.

 

Ordering

All orders shall be considered as requests to purchase Goods from VinQuinn pursuant to these Terms.  We may choose not to accept an order at our discretion. Additionally, some Goods may be restricted to sale in the UK and/or to private clients only.

You must make sure that all information you provide to us when placing an order for Goods, including email and delivery address, is accurate. 

 

Storage

You may ask us to store the Goods for you. We agree to use our reasonable endeavours to keep safe and secure any Goods stored and we have in place appropriate insurance in relation to the Goods.  However, you agree that our liability in relation to any loss of or damage to any Goods stored shall not exceed the price paid for the Goods. If you fail to pay any storage costs, we shall deliver the Goods to you at the address given in your order.

 

Price & Payment

Prices on our website are quoted as ‘In Bond’ or ‘Duty & VAT Paid’. In Bond wines may only be purchased where the wine is to remain in storage with us, be transferred to another bonded warehouse or be exported outside of the EU by a shipper who has a Movement Guarantee. For all other orders, we are obliged to process as Duty Paid and charge UK Duty and VAT. VAT must be applied to both the value of the wine and the Duty. UK Duty and VAT rates are subject to change and the prevailing rates will be used at the time the wine becomes available for delivery to you.

Prices do not include delivery charges, which can be reviewed here. We reserve the right to change our delivery charges at any time.

All prices are subject to our final written confirmation, accepting your order. Whilst we take all reasonable steps to ensure prices on our website are correct and up-to-date, there may be occasions where errors occur. In such instances, we will not be obliged to sell the wine at the incorrect price.

Payment is due upon invoice, with exception of agreed terms for some business customers, provided that such agreed terms may be withdrawn at any time.

 

Business Customers: Ownership of Goods

Notwithstanding delivery or collection, ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of the Goods.

Until ownership of the Goods has passed to you and except for Goods that we agree to store for you, you shall: (a) store the Goods (at no cost to us) separately from all other goods and in such a way that they remain readily identifiable as VinQuinn’s property; and (b) maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. 

You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored (a) at any time in order to inspect them, and, (b) if you have failed to pay all sums due by the due date or if you take steps to enter into liquidation or administration, to recover the Goods.

 

Age of Consent

You may purchase Goods only if you are of the legal age to purchase alcohol in the territory from where you are ordering. By placing your order, you confirm that you are of the legal age to purchase alcohol in the territory from where you are ordering and at our request you shall provide documentary evidence of your age.

 

Delivery

When you place an order, we will indicate an estimated delivery date. Any such estimate is not intended to be legally binding and may be subject to revision.

Delivery is to the UK only.  If you are not based in the UK, please contact us at sales@vinquinn.com

 

Once we have notified you that wines are available for delivery / collection, we require you to accept delivery or make collection from our address set out above within one month. If you do not accept delivery or make collection within such one month period, you shall pay our standard storage charges, with a minimum charge of 3 months.

We will make every effort to deliver on the day and time agreed with you. If you are not present to accept delivery at the agreed time, the goods will be returned to our warehouse and you will need to request and make payment for a new delivery.

 

Consumer Customers: Cancellation  

If you have ordered Goods as a consumer, you must inspect the Goods and notify us in writing of any damaged or missing Goods within 30 days of delivery or collection.  You may attend our storage facility in person or through an agent in order to inspect the Goods at a time to be agreed with us and the 30 day period to notify us of any defects starts 21 days after we accept your order.

The Goods are deemed to be accepted by you as being in conformity with the contract if no notice is received within such time period.  Your consumer rights are not affected.

 

 

Business Customers: Cancellation  

If you have ordered Goods as a business, you must inspect the Goods and notify us in writing of any damaged or missing Goods within 14 days of delivery or collection.  You may attend our storage facility in person or through an agent in order to inspect the Goods at a time to be agreed with us and the 14 day period to notify us of any defects starts 21 days after we accept your order.

The Goods are deemed to be accepted by you as being in conformity with the contract if no notice is received within such time period.   

 

Returns

Please notify us at sales@vinquinn.com stating the following: your name, geographical address, details of the Goods you wish to return and your phone number and email address. Within 14 days of the notice, you must send the Goods back to us at your own cost and risk.    We will not refund you if we do not receive the returned Goods.  Please also make sure you do not open or attempt to open the Goods, and that there is no other damage to the labels whilst the Goods are in your possession. Please package the Goods appropriately to avoid damage.

 

  • Exceptions:

In accordance with applicable laws, wines purchased En Primeur are excluded from the above right to cancel.

 

  • Refunds:

A full refund will be made, within 14 days of us receiving the Goods in the same condition they were delivered.  If you do not return all of the Goods that you have cancelled, or you do not pay the costs of returning them, or the bottles or labels are damaged, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.

 

 

Force Majeure

We shall not be liable for any failure to meet our obligations occasioned if the failure or delay is the result of circumstances beyond our reasonable control including, strikes, lock-outs and other industrial disputes, supplier failure, breakdown of systems or network access, flood, fire, explosion or accident.

 

Cancellation by us

We reserve the right to cancel your order without liability if (a) there is insufficient stock or the Goods are discontinued; (b) we cannot authorise your payment; (c) we do not deliver to your location; or (d) one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

If we do cancel your order we will notify you by e-mail and will refund to you any sums paid by you within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

Use of the Website

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.

 

You agree not to try to gain unauthorised access to the website or any networks, servers or computer systems connected to the website and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the website save to the extent expressly permitted by law.

 

We will use reasonable endeavours to make the website available to you at all times.  However, there may be occasions when access to the website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We reserve the right to remove any goods, content or features from the website at any time and for any reason.

 

The copyright in all material contained in the website including all information, data, text, images, designer profiles, and all source code and other software is owned by or licensed to VinQuinn. All rights are reserved. You can view, print or download extracts of our materials for your purposes, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use our materials without our permission.  

 

Liability

 

To the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any order for Goods or the Goods  themselves whether or not advised of the possibility of the same.

Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the price paid for the Goods that are the subject of the claim.

 

The website is provided ‘as is’ and we accept no liability arising from your use of the website and exclude all warranties in relation to the website, whether implied by statute, common law or otherwise, including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. 

 

Nothing in these Terms is intended to limit any rights you might have as a consumer or to limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation of for any other liability that may not be excluded or limited by applicable law.

 

General

 

In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

 

These Terms (as amended from time to time) constitute the entire agreement between you and VinQuinn concerning your use of the website and the purchase of goods from VinQuinn.  All other terms and conditions express or implied, are hereby expressly excluded.  

 

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

 

Governing Law & Jurisdiction

These Terms and Conditions will be subject to English law and the exclusive jurisdiction of the English Courts.