terms and conditions

CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

These terms relate to items supplied to you through the Company Website and should be read in conjunction with the General Terms & Conditions which shall also apply

  1. Formation of the contract
    • These terms of sale apply to all goods supplied by Bibendum Wine Limited, a company registered in England and Wales under company number 02218928, having its registered office at 113 Regents Park Road, London NW1 8UR ("the Company").
    • No contract exists between you and the Company for the sale of any goods until the Company has received your order together with payment and the Company has accepted your order. Once your payment has been received, the Company will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. The Company's acceptance of your order brings into existence a legally binding contract between you and the Company.
    • The contract is subject to your right of cancellation (see below).
    • The Company may change these terms of sale without notice to you in relation to future sales.
  2. Description and price of the goods
    • The description and price of the goods you order will be as shown on the Company's Website at the time you place your order. The prices shown on the Company's website are only applicable to sales made through the Company's website. Errors and omissions accepted.
    • The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, the Company will inform you as soon as possible and payment will not be taken.
    • Every effort is made to ensure that prices shown on the Company's website are accurate at the time you place your order. If an error is found, the Company will inform you by email to the address provided in your order as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or re-credit you for any sum that has been paid.
    • In addition to the price, if your order is under £350 you will be required to pay a delivery charge of £15 for mainland UK delivery, as shown during the checkout process on the Company's website. If you do not agree with the delivery price stated during checkout then you do not have to proceed with your order.
    • Prices labelled 'Retail' are inclusive of government taxes such as duty and VAT (15%). Prices labelled 'In Bond' exclude duty and VAT as the goods must be stored under bond once purchased. For more information on buying 'In Bond' please click here.
  3. Payment
    • Payment can be made using Maestro, Switch, Visa, Mastercard or AMEX
    • Payments made using Visa, Maestro or Mastercard are subject to CV2 identity validation checks such as Verified by Visa (www.visaeurope.com) and Mastercard Secure Code (www.mastercard.com).
    • Once submitted we do not take payment until your order has been confirmed. The payment gateway: Sage Pay (www.sagepay.com) operates a deferred payment system whereby no amount is deducted from your credit/debit card until payment is 'released' by the Company upon confirming your order. For more information on deferred payment please visit www.sagepay.com.
    • Once submitted your credit/debit card details will be encrypted by Sage Pay to minimise the possibility of unauthorised access or disclosure.
    • If the card issuer refuses to authorise payment, the Company not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit and charge cards, the Company may validate the names and addresses supplied during the order process against commercially available records (e.g. Electoral Roll data). We may need to contact you by telephone or email to verify details before we are able to dispatch your order.
    • If your payment fails the validation checks you will be contacted by the Company and you will be required to submit alternative payment before your order is dispatched.
  4. Delivery
    • The goods you order will be delivered to the address given when you place your order.
    • If you have provided a delivery address that is not a mainland United Kingdom address; such as the Scottish Isles, Isle of Wight, Northern Ireland, Scottish Highlands, Channel Islands, an additional delivery charge will apply. The Company does not offer international delivery. If you submit an order request for a delivery outside the UK, the Company will email you the details of an international shipping company.
    • If there is no one at the address, you will be notified by our transport company and you will be required to arrange an alternative delivery date. When placing your order you may provide instructions for delivery alternatives in case you are not in. For London deliveries you may request a 3 hour delivery slot between 8am and 5.30pm, for all other deliveries nationwide you may request an AM (8am-12pm) or PM (12pm-5.30pm) delivery for your convenience.
    • It is your responsibility to check the order and note any missing or damaged goods on the delivery note provided by the driver. Alternatively you may give the Company instructions to leave the goods unsigned for in which case the Company will not accept responsibility for lost, stolen or damaged goods.
    • We endeavour to deliver all orders within 5 working days of receipt. This does not apply to wines marked 'Broking' which we endeavour to deliver within 30 working days of receipt as these wines are subject to further confirmation from our supplier. A working day is any day other than weekends and bank or other public holidays. However, the Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
    • You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
  5. Your right of cancellation
    • To exercise your right of cancellation, you must give written notice to the Company by email, to websales@bibendum-wine.co.uk and include details of the goods ordered.
    • If you exercise your right of cancellation after the goods have been delivered to you, unless the item is defective or we have delivered the item to you in error, you must contact Bibendum at websales@bibendum-wine.co.uk to arrange collection by our authorised distributor at your expense. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
    • Once you have notified the Company that you are cancelling the contract, the Company will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods from either the cancellation date, or the receipt of the returned good if applicable.
    • If you do not make the goods available to our authorised distributor as required, the Company may charge you a sum not exceeding the direct costs of recovering the goods.
  6. Data protection
    • The Company will take all reasonable precautions to keep the details of your order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.
    • The Company will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. [The Company would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box provided. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Company at websales@bibendum-wine.co.uk.
  7. Applicable law
    • These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Complaints and Queries

If you are not happy with any aspect of our service, or if you have any queries or comments, please either email us at websales@bibendum-wine.co.uk, telephone us on 020 7449 4120 or write to Bibendum Wine Limited, 113 Regents Park Road, London NW1 8UR and we will do everything we can to help you.

General Website Terms & Conditions

These Terms and Conditions govern your use of the Company website (the "Company Site") and your relationship with Bibendum Wine Limited (the "Company", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Company Site. If you have any questions on the Terms and Conditions, please contact websales@bibendum-wine.co.uk.

  1. Use of the Company Site
    • The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include the consumer terms of sale.
    • You must be over eighteen years old to purchase alcohol from the Company Site.
    • All personal details are kept strictly confidential and are not shared with any other party.
  2. Amendments
    • We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. If you do not wish to accept these Terms and Conditions you should not continue to use the Company Site. Using the Company Site indicates your agreement to be bound by these Terms and Conditions.
  3. Registration
    • To register on the Company Site you must be over eighteen years of age.
    • You must ensure that the details provided by you on registration or at any time are correct and complete.
  4. Password and security
    • When you register to use the Company Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting websales@bibendum-wine.co.uk immediately.
    • If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.
  5. Intellectual property
    • The content of the Company Site is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without written permission from the Company.
  6. Your use of the Company Site
    • You may not use the Company Site for any of the following purposes:
    • interfering with any other person's use or enjoyment of the Company Site; or
    • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
    • You will be responsible for our losses and costs resulting from your breach of this clause 6.
  7. Availability of the Company Site
    • Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company Site you should report it to websales@bibendum-wine.co.uk and we will attempt to correct the fault as soon as we reasonably can.
    • Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
  8. The Company’s right to suspend or cancel your registration
    • We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
    • You can cancel your registration at any time by informing us in writing at websales@bibendum-wine.co.uk.
    • The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party's statutory rights or liabilities.
  9. The Company’s liability
    • The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
    • If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
    • The Company shall have no liability for any damage or loss resulting from viruses, worms, Trojan horses or other malicious code or the corruption or loss of data or any damage to software or hardware.
    • This clause 9 shall not limit or affect our liability resulting from any products sold through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury.
  10. Third Party Websites
    • As a convenience to customers, the Company Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Company Site.
  11. Advertising and Sponsorship
    • Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
  12. Applicable Law
    • These Terms and Conditions will be subject to the laws of England. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.
  13. International Use
    • We make no promise that materials on the Company Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so with your own initiative and are responsible for compliance with local laws.
  14. Miscellaneous
    • You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
    • If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
    • The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
    • The Company Site is owned and operated by Bibendum Wine Limited, a company registered in England and Wales under company number 02218928 having its registered office at 113 Regents Park Road, London NW1 8UR.
    • If you have any queries please contact websales@bibendum-wine.co.uk.

Company Registration No. 02218928, VAT No. 371 2222 87

Last update: May 2009