Purchase of Products through Cellar Link - Marketplace
Cellar Link Limited - Company No: 6607747
Last Updated Date: 21st Novemebr 2014
Publish Date: 21st November 2014
This section tells you about the terms and conditions on which we supply the wine products (products) available for purchase on our website www.cellarlink.co.uk (our site).
Please read these terms and conditions carefully before ordering any products from our site. When placing an order, you will be invited to agree to these terms and conditions by ticking the box marked "I agree to the terms and conditions". If you don’t accept the terms and conditions by ticking this box, you will not be able to order any products from our site.
1. Information about us www.cellarlink.co.uk is a site operated by Cellar Link Limited (we, our, us). We are registered in England and Wales under company number 6607747. Our registered office is at Ten Dominion Street, London EC2M 2EE, UK. Our VAT number is 981407117.
2. Ordering products
After placing an order, you will receive an email from us acknowledging that we have safely received it. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will send you a second email to confirm acceptance. The contract between us (Contract) will only be made when we send you this email to confirm acceptance and dispatch from the warehouse. We will send a third email when your order has been dispatched.
3. Age restriction
We will not sell products to anyone under the age of 18 years old. By placing an order you confirm that you are at least 18 years old. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the wine.
All items are subject to availability. We will inform you as soon as possible if, for any reason, the products you have ordered are not available.
If, following acceptance of your order, any Product becomes unavailable for any reason, we will use our reasonable endeavours to offer you an alternative Product. We will refund you
Any additional amount payable in respect of an alternative product must be paid by you at the time of agreeing to purchase the alternative product.
5. Ordering errors
You are able to make changes to your order up to the point at which you click on the ‘submit order’
button on the Payment & Confirm section of the checkout process.
The price of any products will be as quoted on our site, except in cases of obvious error. Please be aware that these prices include VAT but exclude delivery costs, which will be added to the total amount due.
Due to the large number of products on our site, it is always possible that some of the products listed on our site may be incorrectly priced, despite our best efforts. We will normally verify prices as part of our order-handling procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If the product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of the rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
We accept payment with the following credit or debit cards: Visa & MasterCard credit and debit cards.
By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
We charge your credit or debit card [when we despatch your order. If payment is refused for any reason, then we may cancel your order. In this event, we will contact you to arrange an alternative payment method.]
Although we will make every reasonable effort to ensure your products are delivered within the set timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting our delivery partner. Under these circumstances, delivery charges will not normally be refunded.
When you have chosen the products you want to buy from us, the delivery address will default automatically to the billing address you have entered for your payment card. If you want us to deliver your order to a different address, you can choose this option as you go through the checkout process.
We will be taken to have delivered the products when these are delivered to your nominated delivery address.
The delivery charges will be as shown on the order form when you place you order.
You can find out the status of your order at any time by contact us at email@example.com.
9. Returns & Cancellation policy
Under the Consumer Contracts Regulations 2014 EU directives (which supersedes the Distance Selling Regulations) – you are entitled to Cancel an order for up to 14 days after delivery, so long as delivery has happened within 30 days of placing the order.
You can request to return goods from within the Customer Order section online, and identify the order you would like to cancel. You must return the goods at your own cost to our nominated warehouse. The returned goods must be in the condition in which they were supplied. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged.
The provision of a Subscription (Gold/Platinum) service is subject to a pro-rata refund only. If you have accessed the benefits of the Subscription service and received discounts as a result, these discounts will become repayable in full, all points (bonus and standard rewards) will become null and void, and any points used will be repayable to Cellar Link. These amounts will need to be repaid prior to the cancellation refund being processed.
You will be refunded within 14 days of returning the goods to our warehouse – to your nominated bank account or credit card.
This cancellation policy does not apply to wines sold by “en primeur” if and only if;
- the price has been agreed at the time of the conclusion of the sales contract
- the delivery of which can only take place after 30 days
- and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader
We endeavour to assess the condition of the products (including by physical inspection) although we cannot know and accept any liability for the exact provenance of every product, especially older vintages. If you request information that we have regarding the provenance and condition of the products, we will share that information with you.
If you are not satisfied with the products or if we make an error with your order, you can contact us at firstname.lastname@example.org. setting out your complaint. We endeavour to deal with any complaints promptly and fairly.
If we accept responsibility for any fault with the products or order, we will offer a full refund or exchange the products or issue a credit note depending on which option you prefer.
Examples of where we accept responsibility include:
If you are required to return products (including both opened and unopened ones) to us for evaluation and for possible return to our supplier, such products must have the barcode label attached as proof that the products were supplied by us.
This returns policy does not affect your statutory rights in respect of defective products.
10. Risk and title
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you at the time of delivery or (if later) when we receive full payment of all sums due in respect of the products, including delivery charges.
11. Your information
By providing your details to us, you consent to us maintaining, recording, holding and using the information you give at the time of ordering to process your orders, to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get our products to you, e.g. our delivery company.
From time to time, we may send information about promotions and exclusive deals, unless you have told us not to do so by emailing us at privacyATcellarlink.co.uk.
If you opt-out from hearing from us, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
12. Our liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and
reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the
purchase price of the Product you purchased.
This does not include or limit in any way our liability:
We are not responsible for indirect losses which happen as a side effect of the main loss or damage.
This does not affect your statutory rights.
13. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations that are caused by events outside our reasonable control including Acts of God, fire, flood,
severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving
employees), or acts of local or central Government or other competent authorities. This does not
affect your statutory rights.
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall
continue to be valid to the fullest extent permitted by law.
15. Entire agreement
These terms and conditions and other notices elsewhere on our website contain the whole agreement
between us and you relating to the supply of products. No other terms or conditions will form part of
the Contract, unless agreed by us in writing and signed by an authorised employee.
16. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be
subject to the terms and conditions in force at the time that you order products from us.
17. Law and Jurisdiction
Contracts for the purchase of products through our site are governed by English law. Any dispute
arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the
courts of England and Wales.
18. Collector Program Subscription
Subscriber/Member pricing only available for;
Vouchers / Coupons:
If Cellar Link issue a buyer a voucher to redeem against the future purchase of wine, the terms and conditions on that voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash.
Each promotional voucher may only be redeemed once per household (residential address). . Vouchers / Coupons may not be used in conjunction with any other vouchers - strict limit of one voucher per order. Unless otherwise stated.
Standard Reward Points / Bonus Reward Points:
If Cellar Link issue a buyer a set of reward points to redeem against the future purchase of wine, the terms and conditions on that scheme will apply and bind the holder of the points. Reward Points are non-transferable and may not be redeemed for cash.
Where ‘Reward Points’ are issued and nominated to expire on a particular date, you agree to forfeit if you have not used the points. Points will expire as follows, unless the points are granted with a different expiry date – as a special member offer.
At any time, Cellar Link may terminate any special offer without advance notice.