Terms & Conditions
Any use of this website operated by Simply Wines Direct Ltd at www.simplywinesdirect.uk “the site” is conditional on your acceptance of these Terms & Conditions of use and extends to our stated Privacy Statement. We reserve the right to amend these Terms and Conditions from time to time without notice and at our sole discretion. Your use of simplywinesdirect.uk following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, it is your responsibility to review these stated Terms & Conditions at regular intervals whenever you use this website.
We reserve the right to amend, modify, discontinue or suspend all or part of this site and may restrict your access to all or part of “the site” at any time without notice or liability. This site is intended to be used and accessed only by individuals of legal drinking age in their country of residence or in the country from which you are accessing “the site”. If you do not fall into either category or having read and for any reason do not agree with or cannot abide by these Terms & Conditions including our Privacy Statement then we must ask you to please exit this site immediately.
References to “you” or “your” means a reference to you as an individual, and “we” or “us” our company within this policy means Simply Wines Direct Ltd, 4 High Street, Pangbourne, Berkshire RG8 7AD
Copyright & IPRs
The contents of our website are protected by copyright and other intellectual property rights. We and our third party licencors are the owners. All goods and company names and logos mentioned in our website are the trade or serve marks or trading names of their respective owners. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping source. All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of “the site” are owned by us. You agree that you are permitted to use material and / or content only as set out in these Terms & Conditions. No other use is permitted without express authorization by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.
We are the sole owners and authorized users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on “the site” and all other intellectual property appearing on or contained within “the site” including but not limited to the page design and layout and the source code. Except where provided for under these Terms & Conditions, use of “the site” does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.
You are welcome to print hard copies of material from “the site” solely for your lawful, personal and non-commercial use. All other copying in whatever form whether electronic, hard copy or any other format or use for commercial purposes without our prior written consent is prohibited. All other rights are reserved. No photography, imagery, text, source code or any other material shown on “the site” (www.simplywinesdirect.uk) may be used in any circumstances for commercial purposes, nor may any of our material herein be altered, cropped, transformed, built upon, or in any other way changed or reproduced, whether from our own websites or copied from third party websites in breach of this condition themselves or otherwise redistributed without our prior written permission.
You may link to the home page of “the site” provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation or establish a link in such as way that suggests any form of association, approval or endorsement on our part where none exists. “The site” must not be framed on any other website nor may you create a link to any part of “the site” other than the home page. We reserve the right to withdraw linking permission at any time without notice or reason.
“The site” (www.simplywinesdirect.uk) may contain a number of active services or links to similar such services collectively termed “Public Forums/Reviews” which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting we take no responsibility for the accuracy of any information posted on “the site” nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material. Through use of “the site”, you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means.
Simply Wines Direct reserves the right to delete any contribution, or take action against any of Simply Wines Direct account(s), at any time, for any reason.
Continuity of Service/Access
Our objective is to offer our customers the best possible service, but we are unable to accept responsibility for interrupted access to SWD due to technical problems outside of our control. Due to the nature of the Internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services.
Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of your use of “the site” including but not limited to computer viruses or distributed denial of service attack transmitted through “the site” or from 3rd party sites accessed through “the site” whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage. If you are a business user, you agree to indemnify us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of “the site”. This is a comprehensive limitation of liability that applies to all damages of any kind, including loss of data, loss of business, or earnings as a result of using our services, loss of wasted expenditure, compensatory, direct, indirect or consequential loss or damage, loss of damage to property and claims of third parties. In the event of death or personal injury, Simply Wines Direct does not limit it’s liability to the extent only that it arises as a result of negligence of Simply Wines Direct, its affiliates, directors, employees or other representatives. Our liability for direct loss and damage shall be limited to [two] times the value of the order giving rise to the claim or your last order, whichever is the lower. The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
In addition Simply Wines Direct does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
Termination of Services
We reserve the right immediately to suspend or terminate your use of “the site” if you breach or we have reasonable grounds to believe that you are likely to breach these Terms & Conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable. We may also remove “the site” as a whole or any sections or features of “the site” at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our delivery charges for further information.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
To ensure that your credit/debit card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms & Conditions you consent to such checks being made.
In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
We endeavor to ensure the accuracy of the information on “the site”. Should a product be unavailable, we will endeavor to inform you of this promptly. Prices and specifications can change without notice and products are subject to availability. Please be aware that where a product displayed on the website, this means that the price quoted on the website is valid only for online orders and may differ from the item price for physical sales at our store outlet. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are expressed inclusive of any VAT payable unless otherwise stated.
Inevitably some wines/spirits go out of stock or become unavailable during the current portfolio. This is especially likely over busy trading periods, Vintages, labels and closures may vary, a substitute may be used to complete an order, providing that we are confident that it is fully the peer of, and as good value, as the unavailable item. Whilst we make every effort to ensure that the advertised vintage is the one that we deliver, we cannot guarantee which vintage will be shipped to you. However, you are still able to return the wine if you are not satisfied, at your cost. Your statutory rights are not affected. If a Specific Vintage is required we would urge you to contact us by email to confirm the current vintage.
All special offer prices and discounts shown on the website are inclusive of statutory United Kingdom Value Added Tax (VAT) which is currently 20%. Any delivery charges are supplementary.
Agreement in its Entirety
These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms & Conditions is found in law to be unenforceable all other provisions of these Terms & Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard Terms & Conditions to a third party. Failure to exercise any right or remedy under those terms and conditions does not constitute a waiver of that right or remedy.
Law & Jurisdiction
These Terms & Conditions, including the Privacy Statement and any matter relating to “the site” shall be governed by English law in particular the licensing act of 2003 in relation to minimum legal age. Any legal proceeding arising out of or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts and you irrevocably consent to the jurisdiction of such courts.
All notices shall be given : To us via e-mail or post. To you at either the e-mail or postal address you provide during the ordering process. Notice will be deemed received when e-mail is received in full (or the next business day if received on a weekend or on a public holiday) or 2 working days after the date of posting. Simply Wines Direct accepts no liability from errors (including typographical errors), contained in, or any omissions from, this website, April 2014.
This website is operated by Simply Wines Direct Ltd which is registered at 4 High Street, Pangbourne, Berkshire RG8 7AD (registered in the UK).
References to “you” or “your” means a reference to you as an individual, and “we” or “us” our company within this policy means Simply Wines Direct Ltd, 4 High Street, Pangbourne, Berkshire RG8 7AD
All references to “service providers” means subcontractors (including any affiliated partners) retained by us for the specific purpose of performing functions on our behalf or to provide services to us. Such services include but are not limited to, warehousing and delivery; marketing and advertising; credit/debit card and data processing; age verification; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and other services related to our business.
Our aim is to protect you and your personal privacy and provide this Privacy Statement in order to help you understand what we may do with any personal information you provide. Provision of personal information will be acknowledged as your acceptance of this Privacy Statement and agreement to our collecting and use / disclose of your personal information only as described in this Privacy Statement.
If you do not agree to this statement, please do not provide your personal details to us. This Privacy Statement forms part of the Terms and Conditions which govern your use of the website.
We reserve the right to amend this Privacy Statement from time to time without notice and at our sole discretion. As such, it is your responsibility to review the Privacy Statement at regular intervals.
Legal Purchase Age Verification
We do not intentionally collect personal information from individuals under the legal drinking age nor do we intentionally market alcoholic beverages to anyone under the legal purchase age. If you are not of legal age to purchase alcohol either in your country of residence or in the country from which you are accessing the site you must not provide us with your personal information.
What is personal information
Personal information is information about an identifiable individual, as defined by applicable law.
Collecting Personal Information
We only collect and hold personal information provided by you. However, there are instances where we may require that you opt to select whether or not you would like to receive information from us or from trusted third parties e.g. to receive special promotional offers. There are some instances where you will not have the option to opt-out, for example when we are satisfying obligations within a contract, administering a transaction requested by you, or as required by law.
You may also elect to provide us with personal information if, for example, for a service that you requested.
- Contact us with an enquiry;
- To register on the site (where applicable);
- To purchase an item;
- To fill out a survey or other form with your personal information included;
- Request us to provide you with information we hold on you (for which we are entitled to charge a fee) by writing to us at the contact address;
- Enter a competition;
- To help us deliver content most relevant to you;
In providing personal information you consent to the transfer of such personal information to, and the collection and processing of such information in any country where Simply Wines Direct, it’s subsidiaries, affiliates or agents are located except that we will not transfer your personal data to any country outside the European Economic Area without your prior consent. Any such transfer and processing by us will be in accordance with this Privacy Statement.
In addition, when placing an order the cookies will capture your first and last names, your email address and your customer ID. This information is needed in order to make your visit simple and more efficient. Simply Wines Direct will never pass any personal information on to any third party apart from aforementioned “service providers”. Unless you check the box instructing your browser to remember your username and password these cookies will be deleted when you close your browser.
Use of Personal Information
We may use personal information you provide in a number of different ways to provide specific services requested by you as well as to provide additional services that may be considered of interest to you.
To help us communicate with you about our products and services (and those of our subsidiaries, affiliates, and parent companies and any of their related businesses). To assess trends or to measure traffic to our website.
To aid us to improve the quality of service in dealing with your queries and requests, updating your account(s) information and to manage transaction specific tasks such as credit/debit card payments for goods or services that you order from us (or our associated companies) or fulfillment of such transactions (e.g. delivery).
Disclosure of Personal Information
We value your privacy and hereby assure you that we will only share your personal information with “service providers” that provide adequate protection for such information. We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
- Third parties to whom you have provided your consent or who, in our reasonable judgment, are providing or seeking the information as authorized or appointed legal agent acting on your behalf;
- A person or entity (including our affiliates) in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganization or liquidation, whereby we transfer, sell, or assign to such third party information concerning your relationship with us;
- Law enforcement, governmental or regulatory agencies, or other third party in order to comply with law or where we believe such action is necessary in order to comply with law or detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our corporate policies, procedures, legal and contractual obligations.
In such circumstances such “service providers” and “third parties” have agreed not to collect, use or disclose personal information for any purpose other than to perform such functions on our behalf or to provide services to us or as otherwise required by law and will be bound by confidentiality obligations and restrictions on use of personal information.
Security of Personal Information
To keep your personal information secure we have in place appropriate procedures to safeguard the information you provide. However, we do not have control over the privacy of any communications while in transit to us. As such we ask that you do not include confidential, proprietary or sensitive information in such communications. Where we believe that the security of your personal information in our possession may have been compromised, we will endeavor to notify you of such as promptly as possible and, to the extent we have your e-mail address, we will notify you by e-mail.
If you have given permission to receive communications about Simply Wines Direct Ltd brands generally through opting to receive news by email you may from time to time receive communications about brands to which you have not opted-in specifically. We will only communicate with you about those brands that we think may be of particular interest to you and all such communications will provide you with the opportunity to opt-out from receiving such communications. If you have any privacy-related questions, concerns or complaints, please contact: Simply Wines Direct Ltd, 4 High Street, Pangbourne, Berkshire RG8 7AD or email: [email protected]