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 Highbury Vintners Website and should be read in conjunction with the General Terms & Conditions (below) which shall also apply.

Formation of the contract

These terms of sale apply to all goods supplied by Highbury Vintners a trading name of S&G Vintners Ltd, a company registered in England and Wales under company number 6544541, having its registered office at 71 Highbury Park, London, N5 1UA (“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.

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.

The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Company will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.

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 form 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 recredit you for any sum that has been paid by you or debited from your credit card for the goods.

In addition to the price, you may be required to pay a delivery charge for the goods, 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.

The price of the goods and delivery charges are inclusive of VAT where stated.

Your credit/ debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

All credit and charge cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will 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 letter, telephone or email to verify details before we are able to dispatch your order.

Vintages

We will supply an ensuing vintage when the quoted is no longer available. Please state in the notes at checkout, if you do not want an ensuing vintage. If you fail to put this in the notes we are still happy to accept returns when agreed beforehand though these will be subject to return carriage fees, which are the responsibility of the person sending back the wines.

Payment

Payment for the goods and delivery charges can be made by Maestro, Switch, Visa or Mastercard.

Delivery

The goods you order will be delivered to the address you give when you place your order.

If you have provided a delivery address that is not a mainland United Kingdom address (e.g. the Scottish Isles, Isle of Wight, Northern Ireland, Scottish Highlands, Channel Islands) or is an address outside the United Kingdom, an additional delivery charge may apply. The Company will contact you and provide you with a quote.

When placing your order you may wish to contact us with instructions for delivery alternatives in case you are not in.

All goods must be signed for on delivery by an adult aged 18 years or over.

If there is no one at the address who is competent to accept delivery of the goods, the recipient will either be notified of an alternative delivery day or be asked to contact the courier to arrange re-delivery.

If multiple delivery attempts are made to the provided delivery address and a competent recipient is not present to sign for the goods, or no effort is taken by the recipient to contact the courier to arrange re-delivery, the order will be returned to our warehouse. In this instance, a delivery surcharge may need to be paid by the customer in order for the goods to be re-delivered. The Company will contact you and provide you with a quote.

Every effort will be made to deliver the goods to you within 3 working days however, in rare cases, this may be as long as 10 working days. A working day is any day other than weekends and Bank or other public holidays.

The Company will not be liable for any loss or damage suffered by you through any delay in delivery.

It may be possible to deliver the next working day, please phone 020 7226 1347 or email sales@highburyvintners.co.uk for a quote.

You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

Breakages & Shortages

If there are breakages we will refund the cost of the broken bottles to your credit card or send replacement bottles. We will refund any item that is received broken. PLEASE BE CERTAIN TO CHECK THE NUMBER OF PARCELS YOU ARE SIGNING FOR - WE CANNOT REPLACE WINES THAT HAVE BEEN SIGNED FOR BUT NOT ACTUALLY RECEIVED. Each consignment of goods should be carefully checked upon delivery to make sure that it is intact and in full. Claims for breakages will only be accepted if we are notified within 24 hours of delivery and the damaged products and their packaging are kept for inspection. The courier must be informed of breakages or shortages at the time of delivery. We will not accept any claims for breakages or shortages unless they are stated on the courier’s documentation.

Returns

Highbury Vintners will be happy to exchange any wines purchased which are corked, tainted or out of condition. We do require the bottle and cork returned to us before we can exchange. For those unable to come into our shop, we are still happy to accept returns when agreed beforehand though these will be subject to return carriage fees, which are the responsibility of the person sending back the wines.

Your right of cancellation

You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and Bank or other public holidays.

To exercise your right of cancellation, you must give written notice to the Company by email, to sales@highburyvintners.co.uk and include details of the goods ordered and (where appropriate) their delivery.

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 Highbury Vintners at sales@highburyvintners.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 goods 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.

Glass and Ice Bin Hire (Available through the shop only)

The Highbury Vintners Glass Hire service is free of charge but is only to available to local customers when purchasing at least 12 bottles of wine or sparkling wine from Highbury Vintners.

• Breakages will be charged at £1.50 per glass and we may require your card details before delivery or collection of the glasses.
• Glasses and ice bins must be returned within 3 days of collection or delivery.
• Glasses must be returned clean and dry or a charge of £5 per 24 glasses will be applied.
• Ice bins are available free of charge but only when you purchase ice from Highbury Vintners.
• In the event, you are unable to return the ice bins a charge of £15 per bin will be applied.

Sale & return (Available through the shop only)

• Sale & Return is available for bulk orders and is offered instead of a discount.
• We regret that we are unable to collect any goods you may wish to return
• Goods must be returned in a resalable condition in their original packaging.
• We will not accept any goods which have been placed in ice bins or differ from their original state in any way.
• We cannot accept return of goods which we do not normally stock.

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 use the information you provide about yourself for the purpose of fulfilling your order. 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 not like to be notified of these, please email sales@highburyvintners.co.uk heading your email 'unsubscribe'. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Company at sales@highburyvintners.co.uk

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 sales@highburyvintners.co.uk , telephone us on 020 7226 1347 or write to Highbury Vintners, 71 Highbury Park, London, N5 1UA .

GENERAL WEBSITE TERMS & CONDITIONS

These Terms and Conditions govern your use of the Company website (the “Company Site”) and your relationship with S&G Vintners Ltd t/as Highbury Vintners (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 sales@highburyvintners.co.uk

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 (including those outside of the EEA). As an additional security precaution we do not store any credit card details on our website.

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. Any changes will be notified to you via the e-mail address provided by you or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.

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.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

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 sales@highburyvintners.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.

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.

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.

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 sales@highburyvintners.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.

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 sales@highburyvintners.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.

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.

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.

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.
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 on your own initiative and are responsible for compliance with local laws.

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 S&G Vintners a company registered in England and Wales under company number 6544541 having its registered office at 71 Highbury Park, London, N5 1UA. If you have any queries please contact sales@highburyvintners.co.uk