Terms & Conditions
These are the terms and conditions for www.elicite.com (our website).
By using our website or purchasing wine from us, you agree to these terms and conditions. These terms and conditions are subject to change with the date of the most recent changes displayed at the end of this document. Please note, any calls with the ELICITE team may be monitored and recorded for training and quality purposes.
These Terms and Conditions apply to all users of the website, including and without limitation to browsers, vendors, customers, merchants, and/or contributors of content.
When using our site, please ensure that you fully understand the Terms and Conditions.
These Terms and Conditions were last updated on 14th February 2019.
1. WHO WE ARE?
www.elicite.com is a site operated by Elicite Ltd ("We"). We are registered in England and Wales under company number 10389485 and have our registered office The Biscuit Factory, Unit A302a, 100 Drummond Road, London, SE16 4DG. Our VAT number is GB 253069117.
We are a limited company.
To contact us, please email firstname.lastname@example.org or telephone our customer service line on 44 (0)20 3176 7637.
2. OUR RELATIONSHIP
A contract to purchase is only created when we ship your goods to you. You will receive confirmation of your shipment, and therefore of your contract, at that point in time. Placing an order on our website or receiving communications about that order from us do not create a contract to purchase with us. If we do not accept your order, you will receive a phone call or email from us. You will also have rights to cancel your order before and after a contract to purchase is formed in accordance with our cancelation and returns policy.
There are a variety of reasons why we may not accept your order. These may include: the product is no longer in stock; we cannot verify your payment method and obtain authorization; we cannot verify that you are at least 18 years of age or older; we have identified a pricing error or material description error for the product; or we have restrictions on available quantities and want to limit the size of your order.
This does not affect any of your statutory rights.
3. AGE RESTRICTION
In the UK, it is illegal to sell alcohol to anyone under 18 years of age. Similar restrictions apply in other jurisdictions. By placing an order with us you, the customer, confirm that you are at least 18 years old (or of legal age for purchase of alcohol in the relevant jurisdiction).
If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the product.
You will be asked to confirm your age each time you place an order or make a booking through this site.
4. OUR PRODUCTS
Products may vary slightly from their pictures, especially old wine vintages. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a product’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
5. PRICES AND PAYMENT
Our prices are quoted in pounds sterling and include UK duty and VAT unless otherwise expressly noted. The price quoted will be per bottle or per case, as indicated. That price does not include delivery, for which several options are available and at different prices. Please see our section titled "Delivery".
Pricing on our website applies only to online orders and according to the terms stipulated. These may differ from the pricing and from the terms stipulated for our other sales channels.
We reserve the right to withdraw offers, including special promotions, and to alter pricing at any time without notice.
While we always endeavour to be accurate, errors sometimes occur, and we reserve the right not to fulfil orders that are priced incorrectly or for which there are limitations in quantity. See the section titled "Our Relationship".
We accept payment by credit or debit card via WorldPay. We cannot process or dispatch your order until the full payment sum has cleared. We accept payment by all major credit cards including Visa, MasterCard, and American Express. Where a particular wine is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent wines.
You own a product once we have received payment in full.
6. CORPORATE ORDERS
A corporate order is an order where the corporate customer orders 10 or more cases on the same order. For these orders and special requirements, please contact us at email@example.com.
ELICITE orders can be delivered to any UK address (excluding the Channel Islands). Unfortunately, we cannot accept deliveries to Hospitals, PO Boxes or to BFPO addresses.
Standard delivery within the UK is £7.50 (ex. VAT) per delivery address, regardless of how many cases are being sent.
Please be advised delivery costs and times to the following postcodes may vary: AB, BT, DD, DG, HS, IM, IV, KA27-28, KW, KY, PA1-19, PA20-80, PH, PO/IOW30-41, TD, ZE.
Full details of our current delivery services including charges, options, and estimated delivery times will be provided to you at checkout. If you would like this information beforehand, please contact us.
If you are interested in a delivery to another EU country or to a different part of the world, please contact us for a quotation: firstname.lastname@example.org.
While we make every effort to deliver our orders on time, our delivery dates and the times noted at the checkout and in our emails are estimates only and not guarantees. If your delivery is taking longer than estimated, please contact us.
If our delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Delivery times and prices vary according to your selection and options will be provided to you at the time of checkout. We reserve the right to restrict deliveries or to withdraw delivery services in exceptional circumstances.
Please check your order carefully for missing or damaged items. If you sign for your order without inspecting the goods, it will be assumed that they have been received in good condition. Please keep your delivery note and all packaging until you are satisfied with your order. Please notify us immediately if there are any damaged or missing items:
Stolen Wine and Breakages
Stolen Wine – If you give instructions for us to leave your wine outside your house or in a safe place and the wine gets stolen, sadly we cannot be held liable for this loss.
Breakages – In the event that any of the bottles in your case are damaged, please let us know within 3 days and we will credit your account with the price you paid for the damaged bottles or a proportion of the total case price representing the proportion of the case contents which has been damaged in the event of a case of mixed wines sold.
If you are unable to receive delivery, and do not rearrange delivery within the requisite time suggested by our delivery service, you will be charged for any further delivery attempts.
If you have any queries regarding delivery please contact us at email@example.com.
8. CANCELLATION, RETURNS & REFUND
You may cancel some or all of your order within 14 calendar days of delivery of your order to you and receive a refund. You can either return the goods to us within the next 14 calendar days of cancellation or we will arrange to collect them from you (but the cost of our collection will be borne by you). If you cancel your order and the goods are returned to us in accordance with the foregoing, we will, within the next 14 days, reimburse you the applicable sum paid less the collection fee and any deduction for any improper handling of the goods by you (the seals must not be broken and the labels must not be scratched). Otherwise we will discount from your refund an amount equal to the value by which the goods have been reduced by your handling.
If you wish to cancel your order, please contact us in writing at firstname.lastname@example.org and provide us with as many details as possible so that we can identify your order.
All refunds will be on the same payment method as originally used within 14 days when we receive the product back from you.
If you find that any wines in your order are corked or otherwise out of condition, and: it is still within the recommended drink date, within 3 months from the original purchase date from us, it has been suitably stored by you, and you have the original bottle and closure, then we will arrange to replace the wine with another bottle of the same type of wine or a wine of similar tasting notes and equivalent value to the original price paid or, if you prefer, we will refund you the original price paid. We may also require you to return the bottle to us for inspection. Please note that old wines (more than 10 years old) and fine wines (greater than 50 GBP/bottle) are sold on an "as seen" basis and cannot be cancelled under this policy after 14 days from the date of delivery.
Your booking is not secured until payment is received. Payment must be made in advance by cheque or credit card only. Where a deposit is taken, this is non-refundable after 4 weeks before the event.
In the event of cancellation for any reason, exchanges or full refunds will only be given if we are notified at least 28 days before the date of the event. Up to 2 weeks prior to the event you may send a substitute or transfer to another course/tasting.
Within 2 weeks of the event you may, if you are unable to attend a course, send a substitute – no refunds will be provided. If you do not attend a booked event, no refund will apply except under exceptional circumstances (at the discretion of us). To cancel a place on an event please contact us.
We encourage responsible drinking. It is a stipulation of the Licensing Act 2003 that we do not serve alcohol at our in-house events to people who appear to be intoxicated or who are under the age of 18 years.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms& conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage 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, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory legal rights in relation to the products.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
12. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
13. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14. GENERAL INFORMATION ONLY
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. ·
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.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which is set out in these Terms and Conditions.
16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
17. RULES ABOUT LINKING TO OUR SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
18. DATA PROTECTION
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to tranfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of these Terms & Conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.