terms and conditions
1. About Sporting Wine Club Limited
In these Terms, references to “we” or “us” or “our” are to the Sporting Wine Club Limited, a company incorporated in England and Wales (registered number 09642498; VAT registration number 241723331) whose registered office is at Owls Barn, 38 Salts Avenue, Loose, Maidstone, Kent ME15 0AZ.
2. Terms of Sale
2.1 Contract Creation: It is against the law to sell or supply alcohol to anyone under 18 years of age in the UK. By registering as a member or by placing an order through our site, you confirm that you are at least 18 years old and you confirm that the date of birth you provide is correct.
2.2 The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by the Sporting Wine Club Limited) nor at the point when you receive an email from the Sporting Wine Club Limited acknowledging receipt of your order.
2.3 Non-acceptance of an order may be a result of one of the following:
- The product(s) you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- Our inability to verify that you are aged over 18
- The identification of a pricing or product description error
- The repeated or fraudulent use of vouchers.
3.1 All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage.
3.2 Cancellations, Replacements and Refunds:
3.2.1 If you buy any of our wines and it is faulty or you do not like the wine, please see our Quality Guarantee section below.
3.2.2 If you change your mind about some, or all of your order, you may cancel your order within 24 hours of making it with the exception of any next day delivery option.
3.2.3 If you are unhappy with your purchase due to it being faulty, we will arrange for the collection of the wine and either replace it with the same wine, or wine of a similar value, or give you a refund to the value of the faulty items, all subject to the provision of evidence of the wine being faulty.
3.2.4 If you are simply returning the wine and there is no fault with the product, please be aware that we cannot accept any goods that have been handled in a way which would not be permitted in a conventional high street shop (for example, by opening a bottle of wine or removing a seal) and cannot be placed for sale at the original sales level. We will reduce your refund to reflect the reduction in the value of the goods minus the original delivery cost and minus the collection cost.
3.2.5 Please let us know if you wish to cancel an order by contacting our Customer Services team on email@example.com or 07731 569813. If you are e-mailing us or writing to us, please include details of your order to help us identify it.
3.2.6 All refunds given will be made by the same payment method you originally used to make payment.
4. Quality Guarantee
4.1 We will replace or refund any bottles of wines which are faulty or that you do not enjoy, subject to the following conditions:
- If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively, if you prefer, we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
- If a bottle of wine is not faulty but you did not enjoy it
- If, having opened a bottle, the wine was not to your taste, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, if you prefer we will refund you an amount equal to the value of the bottle. If you have any more unopened bottles of the same wine which you no longer want, we will arrange to collect them from you (free of charge) and replace them with bottles of another type of wine which are of equivalent value or if you prefer, give you a refund for an amount equivalent to their value. If you do not enjoy any of the wines or suspect that they may be faulty please contact our Customer Services team using one of the methods in the “Contact Us” section below and one of our wine advisers will be more than happy to assist.
4.2 This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Customer Services team using one of the methods in the “Contact Us” section below.
5.1 All information (including credit card details) is sent and received using current up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available. If you have any questions about any aspect of site security please contact us at: firstname.lastname@example.org.
6.1 Wines purchased from us are for the customer’s own use only (which may include their use as gifts for third parties) and may not be re-sold or otherwise used for commercial purposes.
7. Age Restrictions
7.1 It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Sporting Wine Club Limited is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our delivery agents are in doubt of the age of the recipient of an order they will request some form of formal ID. In the event that this is not satisfied, they are not permitted to deliver the wine.
7.2 We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driving licence number (or other such evidence) in order to proceed with the order.
8. Fraud and Crime Prevention
8.1 For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
9.1 Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.
9.2 You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.
9.3 Our liability for any losses, damages or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damages or costs which are a foreseeable consequence of such failure. Loss, damage or a costs is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
9.4 We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
9.5 We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
a) your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner;
b) your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below;
c) any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.
9.6 Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.
10. Risks, warnings and storage conditions
10.1 You should be aware of the following inherent risks and warnings in respect of our products:-
- Alcohol should be consumed in moderation.
- A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
- Red wine in particular may cause staining if spilt so extra care should be taken.
- Sparkling wines and champagnes can be volatile due to the build up of gasses. Extra care should be taken when opening these.
- The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.
11. Contact and communications
11.1 If you have any questions regarding orders or any general enquiries please do let us know by:
- Entering the relevant details on the Contact Us page
- Emailing email@example.com
- Calling our Customer Support Line on 0203 4410372
- Writing to us at: Sporting Wine Club Limited, 21C Heathman’s Road, Fulham, London, SW6 4T
12. Use of the Sites
12.1 To comply with licensing and other legislation, the Sites are only available to those aged 18 years and over. By using the Sites, you agree that you are aged 18 or over. If you are not, you must not use the Sites. We will ask you to enter your date of birth before making any purchases.
12.2 You agree to use the Sites only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Sites.
12.3 Access to the Sites is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Sites without notice.
12.4 You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your Internet connection are aware of these Terms and that they comply with them.
13. Your account
13.1 Some areas of the Sites may require you to register an account with us in order to use the services or purchase products. By registering you agree that:
- The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the personal information by updating your details within the “My Details” section within your online account or by contacting us using the contact details below.
- You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information.
13.2 If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.
14. Intellectual Property Rights
14.1 All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Sporting Wine Club logo and trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
14.2 Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
14.3 Permission is granted to electronically copy, and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource.
15. User comments and content
15.1 You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the Sites or otherwise (“Submissions”). This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions. If you disclose, submit or offer any Submissions, unless indicated otherwise, you:
- Grant us a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such Submissions throughout the world in any media.
- Grant us and all sub-licensees the right to use the name that you submit in connection with such Submissions, if we so choose.
- Agree to waive your right to be identified as the author of such Submissions and your right to object to derogatory treatment of such Submissions.
- Represent and warrant that you own or otherwise control all of the rights to the Submissions; that, as at the date the Submission is disclosed, submitted or offered to us, such Submission is true, accurate and not misleading; use of the Submission will not cause injury to any person or entity (including that it is not defamatory), does not include the trade secret or confidential information of others and does not infringe any other person’s or entity’s rights.
- You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
16. Privacy and data protection
17.1 We have taken all reasonable care in the preparation of the content of the Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Sites and content on the Sites is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Sites.
17.2 We expressly exclude, to the fullest extent permitted by law, all liability of the Sporting Wine Club Limited, its shareholders, its directors, its employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Sites; or (ii) use of or reliance on any content displayed on the Sites.
17.3 All content, text and graphics on the Sites, unless specified, are directed solely at those who access the Sites from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Sites by individuals who access the Sites from other locations.
17.4 Information transmitted via the Sites will pass over public telecommunication networks. We make no representation or warranty that the operation of the Sites will be uninterrupted or error free and we will not be liable to you if for any reason the Sites are unavailable at any time or for any period or if there are any errors.
17.5 The Sites may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
17.6 Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
17.7 This section does not:
- apply to our obligations under the Terms of Sale – please see the “Liability” section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or
- affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Sites).
17.8 For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
18.1 We reserve the right to suspend your use of the Sites at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Sites and/or your account with us with immediate effect if you breach any of these Terms.
19. Amendments to these Terms
19.1 We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Sites. By continuing to use the Sites or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.
20. Other important terms
20.1 These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.
20.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.3 We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.
21. Buying our wine and products
21.1 The description and prices payable for wine or any other product or items or services that you can order on our website are set out in our website price list. Prices on the website represent the Recommended Retail Price (RRP) generated by price comparison, supplier information and other informed guidelines. If we have erroneously under-priced wine, we will not be liable to provide that wine to you at the stated price on the website, provided that we notify you before we deliver the wine in question. In this instance, we will advise you of the correct price within 7 days and proceed with your order. You will have the option to cancel your order within the same 7 day period providing you do so 24 hours prior to delivery.
21.2 Prices listed for wines are quoted per bottle but occasionally per case, unless otherwise stated, and include VAT at the current prevailing rate. A case is equivalent to 6 x 75cl bottles or 3 x 150cl magnums. Unless otherwise stated, prices do not include the cost of delivery.
21.3 Prices are subject to currency and market fluctuations, changes in excise/import duty and VAT as well as stock remaining unsold. We reserve the right to change our prices. Please refer to the latest price list on our website for all current Recommended Retail Prices.
21.4 All wines ordered remain the property of the Sporting Wine Club or its associates until dispatch. From that moment onwards it is at the risk of the purchaser.
21.5 The Sporting Wine Club Limited is committed to providing our members with an unsurpassed level of service. In addition to the Quality Guarantee stated above, we are equally committed to ensuring that we provide a safe and legal product. If a wine is corked or faulty we will offer a replacement or process a credit on the return of the bottle in question. All we ask is that you contact us without delay. It is important to note however that if a wine has been kept too long or stored inappropriately, we may not be able to offer a refund or a replacement.
21.6 Please note 50% of your monthly wine credit subscription is non-refundable and to be used on the purchase of goods from The Sporting Wine Club Limited.