Terms and Conditions
SWALLOW FINE WINES LIMITED
WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website (our site) to you. Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our site. You should understand that by ordering any of our Products you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
We operate the website www.swallowfinewine.co.uk. We are Swallow Fine Wines Ltd, a company registered in England and Wales under company number 02689838 and with our registered office at Woodfalls Cross Farm, Woodfalls Hale, Hampshire SP6 2NW, UK, which is also our main trading address.
We are licenced with Licence No: 1534/1 to sell alcohol by New Forest District Council, as licensing authority pursuant to the Licensing Act 2003 and regulations made thereunder.
We do not accept orders from addresses outside the United Kingdom (‘UK’).
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old; and
you are resident in the UK and accessing our site from within the UK.
It is against the law to sell or indeed supply intoxicating substances to persons under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order when delivering they will request a suitable form of ID. If the recipient of the order fails to provide a suitable form of ID, or if our couriers are not reasonably satisfied with the form or validity of the ID so provided, they are not permitted to leave alcohol with the recipient and delivery of the order will not be completed.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If you are contracting as a consumer, you have a statutory right to cancel a Contract for any reason at any time within seven working days, beginning on the day after you receive the Products, provided that the bottles are unopened. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).
If any Products are unwanted, and provided that the conditions set out below are satisfied, you may cancel a Contract and return the Products within 14 days, beginning on the day after you receive the Products. In this case, the provisions of our refunds policy shall apply.
To cancel a Contract, you must inform us of your intention to do so in writing sent to the address set out in clause 13 (Notices) below within the applicable cancellation period set out in this clause 5 above. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
We may not accept an order if:
we have insufficient stock to deliver the Products that you have ordered;
we do not deliver to your area; or
one or more of the Products that 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 not accept an order then we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible thereafter but in any event within 30 days of the date on which the order was made. We will not be obliged to offer any additional compensation for disappointment suffered as a result of such cancellation.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be your responsibility from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Until ownership of the Products has passed to you (in accordance with the above), you acknowledge our rights of ownership of the Products and agree that you shall hold the Products on our behalf. Note: Resales and proceeds of sales not remove, deface or obscure any Product identifying mark or packaging, ensure they remain readily identifiable as our property and; Note: Identifying the goods keep them in satisfactory condition and insured against all risks for their full replacement value from the date of delivery.
Price and payment
The price of the Products and our delivery charges will be as quoted on our site. The prices current at the time of the Dispatch Confirmation will apply, except in cases of obvious error.
Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be made with a valid credit or debit card acceptable to us. We will take payment from your card at the time we receive your order, once we have checked your card details and Product availability.
Our refunds policy
If you return a Product to us:
because you have cancelled the Contract between us within the 7-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us;
because you have cancelled the Contract between us for any reason within the 14-day return period (see clause 5.2 above), we will examine the returned Product and, provided that it is in its original packaging, undamaged and in fully re-saleable condition, we will notify you of your refund entitlement via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund. We will refund the price of the Product to you but not the delivery charges to you and you shall be responsible for the cost of returning the Product to us; because you have notified us in accordance with clause 19.2 below that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for human consumption.
Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings; or
waste of management or office time.
However, this clause 11.2 will not prevent claims for direct loss that are not excluded by the above sub-clauses of this clause 11.2.
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective Products under the Consumer Protection Act 1987;
any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Swallow Fine Wines Ltd at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions, any document expressly referred to in them and any information provided on our website (swallowfinewines.com) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
We shall rely upon these terms and conditions, and any document expressly referred to in them, in relation to the subject matter of any Contract. No variation thereto shall be binding except by our specific written agreement.
Our employees or agents are not authorised to make any representations concerning the Products and no representation so made shall be binding on us or incorporated into the Contract unless confirmed by us in writing. In entering into the Contract you acknowledge that you do not rely on, and hereby waive any claim for breach of, any such representations which are not so confirmed by us in writing.
Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
We have implemented a minimum order of 6 bottles per order. Please adhere to these rules, no maximum amount is in place, but if you wish to buy huge numbers, it would benefit both parties to call Swallow Fine Wines direct to discuss such orders.