Our Terms
1. These terms
If you have a question about ordering and delivery please check the FAQ, if something is not clear please drop us an email to [email protected] or speak with one member of our team calling the 07951199169 or in alternative 07999093351.
1.1 What these terms cover. This Website is provided by R & D Selection Limited (“winesnvines”) for your personal use subject to these terms. By using the website you agree to be bound by these Terms. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1. Information about us and how to contact us
2.1 Who we are. We are R & D Selection Limited (“we”, “us” or “our”) a company registered in England and Wales. Our company registration number is 10988634 and our registered office is at International House, 10 Churchill Way, CF102HE, Cardiff. Our registered VAT number is 285777050.
2.2 How to contact us. You can contact us by telephoning our customer service team at [07951199169 – 07999093351] or by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered, unless we have notified you that we do not accept your order or you have cancelled your order. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock. Wine is an agricultural product and runs out from time to time. If you order a case of wine and some of the products are out of stock, we will replace them with equal or higher value wines. We promise that we will only ever replace up to three bottles without asking.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we are processing your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Please contact us directly for deliveries outside of the UK.
3.5 Age Restriction. We will not sell wine to anyone who isn’t 18 years old or over. When you register your details, you will be required to enter a valid date of birth to confirm you are 18 years old or older. By placing an order, you also confirm that you are at least 18 years old.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to be as accurate as possible.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Product vintage may vary. If the vintage has changed and we consider the replacement vintage to be of good quality, we may send the alternative vintage without consulting you.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor adjustments and improvements to our products; and
(c) If the vintage has changed and we consider the replacement vintage to be of good quality.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will deliver the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
7.3 We are not responsible for delays outside our control. If our supply of the products 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.
7.4 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) You told us before we accepted your order that delivery within the delivery deadline was essential.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or a carrier organised by you collect it from us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Any good opened or damaged after you have received them;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depended on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a corporate event / wine-tasting)? If so, you have 7 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. A 30% advanced payment must be made after the confirmation of the event. Full payment is expected 7 days before the event. In case of cancelation; If more than 7 days before the event, we will keep the 30% advanced payment. If less than 7 days before the event, you will be liable for the full payment quoted for the event.
(b) Have you bought goods (for example, wine?) If so, you have 14 days after the day you (or someone you nominate) receives the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 07951199169 – 07999093351 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods either by posting them back to us at [Big Yellow Self Storage, 65 Penarth road, CF105DL, Cardiff or (if they are not suitable for posting) allow us to collect them from you (Using a courier service). Please call customer services on 07951199169 – 07999093351 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty, corked or misnamed. If corked or faulty for bottles with a value of less than £60 we can replace or refund after you have returned the wine and we have been able to analyse the product. Wines with a value above £60 are fine wines, as such we will not be able to offer a refund or replacement.
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for returns. If you are responsible for the costs of return, we will charge you the direct cost to us for this. We charge £12.50 for most returns.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service please refer to 8.5(a).
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example but not limited to, delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07951199169 – 07999093351 or write to us at [email protected]
11.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them by posting them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07951199169 – 07999093351 or email us at [email protected] for return details or to arrange collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 We will pass on changes in the rate of Excise duties. Despite our best efforts, the rates of duties excise could change. If the rate of the Excise Duties changes between your order date and the date we supply the product, we will adjust the rate of E.D. that you pay, unless you have already paid for the product in full before the change in the rate of E.D. takes effect.
12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.5 When you must pay and how you must pay. We accept payment with all major credit/debit cards. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, you must make an advance payment of 30% of the price of the services to secure your booking. Full payment must be received 7 days prior to the commencement of the services.
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 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 this contract 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.
13.2 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 legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. 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.
14.WINESNCHEESE CLUB
14.1 WinesnCheese club
WinesnCheese Club is sole the property of winesnvines
14.2 Prepaid subscriptions
Our 3 month, 6 months, 9 months subscriptions must be paid for in advance at the time of ordering. Please note that once the first monthly subscription has been delivered, we are unable to offer any refunds on the subscription. We will always confirm each delivery date throughout your subscription in your first delivery box. If we do not hear from you, we will assume you agree with those dates. At your request.
14.3 Recurring and cancellation subscriptions
Payment for recurring subscriptions will always be taken from the credit or debit card you used to sign up. It will be taken on the same date each month via Paypal. Recurring subscriptions must be canceled 1 week prior to your payment date. We are unable to cancel your winesncheese subscription if you cancel after this period. If cancellation is made at least 1 week in advance of your billing date, your subscription will be canceled free of charge. You can cancel in the account section or by emailing us at [email protected].
14.4 Complaints Procedure
All of our cheese is subject to rigorous testing and inspection prior to delivery to ensure it is in optimum condition when it is dispatched. In the unlikely event that you are unhappy with the condition of any of the products that you receive, please let us know immediately via email, including photographic evidence, and we will take any necessary action. Please do not return any cheese to us.
If you do not inform us of a problem within 5 days of receipt of the order, or you do not provide any photographic evidence relating to the complaint, we will be unable to accept your claim or provide a refund.
15. How we may use your personal information
15.1 How we may use your personal information. We will only use your personal information as set out in our PRIVACY POLICY.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing the original invoice.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract 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.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the Law of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts.
17. Intellectual Property
The winesnvines and name, logos, corporate symbols and trademark are sole property of R & D Selection and no permission is given in respect of their use.