Terms and Conditions

Winecroft Terms and Conditions

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply goods to you in the form of Wine or Gift Vouchers.
    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 goods 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.
  2. Information about us and how to contact us
    1. Who we are. We are Winecroft Limited a company registered in England and Wales. Our company registration number is 10842562 and our registered office is at 2nd Floor, 167-169 Great Portland Street, London, W1W 5PF. Our registered VAT number is 276 5796 43.
    2. How to contact us. You can contact us via our website, winecroft.com.
    3. How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    1. How we will accept your order. We offer a wine subscription service and the details of the subscriptions available to purchase are set out on our website, winecroft.com, where you may place an order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. Age restriction. It is illegal to supply alcohol to anyone under the age of 18 in the UK. By placing an order for wine you confirm that you are aged 18 or over and in the case of purchasing wine as a gift that the recipient is over the age of 18. If you are aged under 18, you are not permitted to view or use our website or purchase any alcohol. If we have not been able to verify your age to our satisfaction will not accept your order.
    3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the goods. This might be because the wine requested is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the wine or because we are unable to meet a Delivery Deadline you have specified.
    4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    5. Winecroft Subscription Membership. When you place an order to purchase a Winecroft Subscription Membership with us you agree to purchase a minimum number of 4 bottles of wine per month, as chosen by you or chosen by us based on our recommendations within a certain predetermined price range. When you sign up for a Winecroft Subscription Membership, you will be required to answer questions which will help us create your taste profile. The first delivery of bottles you receive will be chosen by us on your behalf based on our recommended wines to match your taste profile. For each subsequent delivery the choice of available wines will be displayed on the website, and you may select 4 or more bottles of your choice prior to the cut-off date (which we will tell you). Different bottles have different prices and therefore your payment for each month will vary depending on the bottles you select. If you do not place an order before the cut-off date of each month we will select four bottles on your behalf that we recommend for you.  You agree to sign up to a direct debit subscription and allow us to debit from your account an amount necessary to cover the cost of the wine selected plus any applicable delivery charges and tax. The subscription service is offered on a rolling monthly basis and can be terminated or suspended at any time by advising us via the web portal at www.winecroft.com. Please allow 7 days prior to the next month’s payment date to advise us of any changes to your account and delivery information.
  4. Our goods
    1. Goods may vary slightly from their pictures. The images of the wine on our website are for illustrative purposes only. Although we have made every effort to display the pictures accurately, we cannot guarantee that a device’s display of the wine accurately reflects the colour / labelling of the wine in real life. Your goods may vary slightly from those images.
    2. Goods packaging may vary. The packaging of the wine, including labels, may vary from that shown in images on our website.
  1. Your rights to make changes
    1. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. Please be aware that due to the promptness of our service, it is unlikely that it will be possible to change an order if the order cut-off date has passed. If it is possible we will let you know about any changes to the price of the goods, 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).
  2. Our rights to make changes
    1. Substitution of the goods. Wine is a product which is subject to vintage changes and varying levels of availability. Whilst every effort will be made to supply the vintage ordered we reserve the right to supply a suitable alternative provided the quality of the wine substituted is comparable to the wine originally ordered and the cost is largely the same as the order placed, but at all times at no extra cost to you.
  3. Providing the goods
    1. Delivery costs. The costs of delivery to countries outside of the UK will be as displayed to you on our website. Delivery is free of charge for orders of four bottles or more to destinations within the UK mainland.
    2. When we will provide the goods. During the ordering process we will let you know when we will provide the goods to you
      1. Delivery Dates. Throughout your Winecroft Membership Subscription we will contact you each month letting you know the latest date on which you can expect to receive you delivery (hereinafter “Delivery Deadline”).
      2. If you are purchasing a gift voucher. We will make the gift voucher available for download by you as soon as we accept your order and receive payment in full.
      3. If you are a Winecroft Subscription Member. We will supply the goods to you on a monthly basis until you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
    3. We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received.
    4. If you are not at home when the goods are delivered. If we have no prior instructions to leave the goods in a safe place and no one is available at your address to take delivery you may liaise with the courier to rearrange delivery.
    5. If you do not re-arrange delivery. If you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may if we chose to, end the contract and clause 2 will apply.
    6. 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 we will refund the cost of those bottles.
    7. Setting a new Delivery Deadline. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6, you can suggest a new Delivery Deadline, which must be reasonable, and you can treat the contract as at an end if we do not meet the new Delivery Deadline.
    8. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. Please contact us via our website for a return label or to arrange collection.
    9. When you become responsible for the goods. All goods will be your responsibility from the time we deliver the goods to the address you gave us.
    10. When you own goods. You own the goods once we have received payment in full.
    11. 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 goods to you, for example, your name, delivery address and date of birth as the sale of alcohol to persons under the age of 18 in the UK is illegal. If so, this will have been stated in the description of the goods on our website. We will contact you 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 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 goods 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.
    12. Reasons we may suspend the supply of goods to you. We may have to suspend the supply of a goods:
      1. to deal with technical problems or make minor technical changes;
      2. if we are unable to verify your age to our satisfaction;
      3. to source exact goods where they are not readily available;
      4. to make changes to the goods as requested by you or notified by us to you (see clause 6).
    13. Your rights if we suspend the supply of goods. If we need to suspend the supply of bottles for any reason we will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. In these circumstances we will refund you for the missed delivery. If we are unable to reinstate the supply, or agree alternative arrangements with you within 30 days, you may contact us to end the contract and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
    14. We may also suspend supply of the goods if you do not pay. If you are a Winecroft Subscription Member and you do not pay us for the goods when you are supposed to at the start of each month (see clause 4) we may suspend supply of those bottles until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the wine. We will not charge you for the goods during the period for which they are suspended.
  4. Your rights to end the contract
    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:
      1. If what you have bought is misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      3. If you have just changed your mind about the goods, see clause 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 collecting any goods;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
    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 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the goods or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the goods may be significantly delayed because of events outside our control;
      4. we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
      5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6).
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund for the goods provided they are in the same condition as at delivery.
    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 any goods which have become mixed inseparably with other items after their delivery and provided they are in the same condition as at delivery.
    5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.  If you have bought goods (for example wine) you have 14 days after the day you (or someone you nominate) receives the goods.
    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 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or gift voucher is completed when the wine / gift voucher is delivered, downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  1. How to end the contract with us (including if you have changed your mind)
    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:
      1. Phone or email. Contact customer services via our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the Contact Us on our website.
      3. By post. Print off the Contact Us form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you, you may at your own cost return them in order to claim a refund, and this can be arranged by contacting customer services via our website. If you are exercising your right to change your mind you must arrange collection of the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the goods are damaged or misdescribed;
      2. if you are ending the contract because we have told you of an upcoming change to the goods 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; or
      3. if you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.
    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. We charge £15 for the re-collection of each delivery from an address in the UK mainland, or £30 for the re-collection of each delivery from an address outside the UK mainland, or any other fees as listed on our website from time to time. These collection fees are inclusive of VAT.
    5. How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. 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 goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    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:
      1. your refund will be made within 14 days from the day on which we collect the goods from you.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
      1. 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;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, evidence that you are over the age of 18; or
      3. you do not, within a reasonable time, allow us to deliver the goods to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for goods 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.
    3. We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 14 in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
  2. If there is a problem with the goods
    1. Checking for damage and order discrepancies. You must check your order on receipt and immediately note any damages to the goods or discrepancies with the type or quantity of goods ordered including any missing items. Damage and discrepancies must be noted on the delivery form if possible and also be notified to us by contacting the customer services team via our website within 48 hours of delivery. Goods and packaging must be stored on an as is basis to allow us to inspect the damage or discrepancy.
    2. How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can contact our customer service team via the website.
    3. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must allow us to collect them from you. We will pay the costs of collection. Please contact customer services via the website.
  3. Price and payment
    1. Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the goods you order.
    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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’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 good’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.
    4. When you must pay and how you must pay. We accept payment with Visa, Mastercard and AMEX cards.
      1. You must pay for the goods and Gift Vouchers before we dispatch them / make them available for download. We will not charge your credit or debit card until we dispatch the goods / make the gift voucher available to you.
  1. Our responsibility for loss or damage suffered by you
    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.
    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 goods including the right to receive goods 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 and supplied with reasonable skill and care and for defective goods under the Consumer Protection Act 1987.
    3. You acknowledge and accept that the consumption of alcoholic drinks carries risks. You agree to consume the goods in moderation, and to take responsibility for your actions.
    4. Allergy advice. Information on allergens is available on request. Please contact us if you have any concerns about allergies.
    5. Our liability is limited to the price paid for the goods. Notwithstanding clause 13.1 and 13.2 above, our liability to you under this contract is limited to the price paid for the goods in any given month for Winecroft Subscription Members or the price paid for one off orders of goods.
    6. We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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.
  2. How we may use your personal information
    1. How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.
  1. Other important terms
    1. We may transfer this agreement to someone else but you cannot. We may transfer our rights and obligations under these terms to another organisation. You may not transfer any rights or obligations under this contract.
    2. 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.
    3. 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.
    4. 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 goods, we can still require you to make the payment at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the Laws of England and Wales and you can bring legal proceedings in respect of the goods in the courts of England and Wales.