VIRGIN WINE ONLINE LIMITED
Terms and Conditions of Business and Use
Last updated 14th December 2011
If you want to buy wine from us or use our web site you can only do so on
these terms and conditions, and by registering on the web site you are
agreeing to be bound by them. Although they are written in small print, we
hope you will agree that they are designed to be fair to you and to us. We
may change these from time to time by updating this posting. Please note,
calls may be monitored and recorded for training purposes.
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Customer Promise
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Quality - If you buy any of our
wines and you don't like a bottle, we will credit your account for the
full amount for that bottle. If you have bought a whole case of one
particular wine, then we will refund the whole case, including
delivery, as soon as we have collected the rest of the wine from you,
provided of course that you have only drunk one bottle from the case.
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Price guarantee - We guarantee great
value. That means that if you buy wine from us and then find the same
wine for sale in the UK at a cheaper price within 14 days (but not on
promotion, special offer or in a sale) we will refund the difference.
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Delivery - Delivery is £6.99 per
delivery address regardless of how many cases you order. So pack 'em in quick.
We will deliver your wine to anywhere in the United Kingdom (including
Northern Ireland, the Highlands, Scottish islands, the Isle of Man and
the Scilly Isles.). If you order 2 or more cases, they may not be
delivered at the same time, but the delivery charge will stay the same.
Auction cases are dispatched individually and each case will incur a separate
delivery charge.
We normally deliver Monday to Friday, 7.00am to 7.00pm. Most of our
customers give us instructions to leave the wine in a safe place as this
is by far the easiest way to ensure you get your wine on time. If it
gets nicked, we will replace it free of charge (see Clause 1d below).
If you prefer to have the wine delivered to you in person, we will of
course do so. If you are not there the driver will leave a card for you
to arrange a more convenient delivery time.
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Stolen Wine and Breakages
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Stolen Wine - If you give instructions
for us to leave your wine outside your house and the wine gets nicked,
we will ship you another case free of charge, providing you notify us within 90 days.
The replacement case must be signed for on delivery.
- Breakages – In the event that any of the bottles
in your case are damaged, please let us know within 90 days and we will issue you a full
refund for those bottles.
If you have any queries regarding delivery please contact us at
priorityone@virginwines.co.uk.
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Availability - Wine is an agricultural
product and runs out from time to time. If you order a case of wine, we
may change some of the bottles, but we never use this as an opportunity
to advertise a good wine and supply plonk. We promise that we will only
ever replace up to three bottles without asking. If you ever have cause
to disagree with our choice of replacements, we will give you a credit
for any of the bottles that we have switched, no questions asked.
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Claiming under our customer promise -
If you need to claim under our customer promise, then call us on 0843 224 1001
or notify us by email on
help@virginwines.co.uk.
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Customer satisfaction - If you are
dissatisfied with our performance in
any way, please contact our customer services department immediately on
0843 224 1001. At Virgin Wines, we aim to deal with all enquiries
fairly, confidentially and quickly. We will acknowledge your contact
within 24 hours. We try to resolve most issues immediately, but where
this is not possible, we will keep you informed about progress until a
satisfactory resolution has been achieved. We are continually improving
our service, but if you have any particular ideas or suggestions about
how we can improve, please send them to:
suggestions@virginwines.co.uk.
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Right To Terminate - This Customer
Promise is here for the good of
all of our customers. If we feel that it has been abused, we reserve the
right to close your account, by inactivating it, once we have met our
obligations under this promise. If we do inactivate your account, and
you choose to make another purchase, whether through that account or any
other, then our obligation to you for any claim will be limited to your
statutory rights and we will not be bound to deliver our full Customer
Promise.
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Prices and payment
- All prices are quoted in pounds sterling,
and may be per bottle or per case, as marked. The prices include Value
Added Tax, unless otherwise specified. Any delivery charges are
additional.
- We accept payment by Switch, Visa,
MasterCard and Amex.
- 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.
- We reserve the right to terminate any special offer at
any time, without notice.
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Age restriction
- We won't sell wine to anyone who isn't 18
years old or over. Sorry, but that's the law. By placing an order you
confirm that you are at least 18 years old.
- If you are buying a case of wine as a gift
- the recipient must also be over 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.
- Sorry to have to state the obvious, but
once the wine has been delivered, according to your original delivery
instructions, it becomes the recipient's responsibility. This does not
affect your right to a replacement case if it is stolen as set out in
our delivery promise (Clause 1d).
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Security
- If you are nervous about shopping on the
web, don't be. We use secure servers with state-of-the-art encryption
and secure sockets layer (SSL) technology for the transfer of credit
card information. Additionally, we have security measures in place to
protect our customer database and access to this database is restricted
internally.
- To make sure that you don't have to worry,
we will make good any losses suffered by you and charged to you by your
credit card company, up to a maximum of £1,000 through the
unlawful use by a third party of your credit card or credit card
information directly as a result of your use of our web site.
- It is your responsibility to protect your
password from being disclosed to any third party.
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Vouchers
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If you have a voucher to redeem against the purchase of wine, the
following terms and conditions apply, and you agree to be bound by these
terms and conditions:
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Promotional vouchers can only be used on orders of eligible 12 or more bottle cases. The
conditions of use are as stated below, unless otherwise stated explicitly on
the voucher itself. Vouchers may not be used to purchase auction cases.
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You must be over 18 to buy alcohol.
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Vouchers are non-transferable, may not be sold at auction and have no cash alternative.
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£20 Virgin Wines Voucher:
- This voucher is for first time customers only and can only be used once.
- A minimum spend applies to voucher use and is as specified on the voucher.
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WineBank Voucher:
- This voucher is for the first time WineBank customers only and can only be used once.
- By redeeming this voucher you are agreeing to all the terms and conditions of WineBank as set out in the
WineBank terms and conditions section below.
- A minimum spend applies to voucher use and is as specified on the voucher.
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Discovery Club/justREDS Voucher:
- This voucher is for the first time Discovery Club/justREDS customers only and can only be used once.
- By redeeming this voucher you are agreeing to all the terms and conditions of Discovery Club/justREDS as set out in the Discovery Club/justREDS
terms and conditions below.
- A minimum spend applies to voucher use and is as specified on the voucher.
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Where a voucher is used in breach of the above conditions, Virgin Wines
reserves the right to make a charge equivalent to the value of the voucher
against the payment card used on the contravening order or take steps to
recover the goods as it deems appropriate. A charge may be made to cover the
cost of recovery of the goods.
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Cancellations
- You may cancel your order for any reason
whatsoever at any time up to 7 working days from the day after the date
you receive your wine, provided all of the bottles are unopened and
intact.
- In order to cancel your order you must
call us on 0843 224 1001, fax us on 01603 619 277, notify us by email on
help@virginwines.co.uk
or in writing to Virgin Wine Online Limited St James' Mill, Whitefriars,
Norwich NR3 1TN.
- We shall reimburse the price of the wine
within 30 days from the date you notify us of the cancellation. It is
your responsibility to hold onto the wine and take reasonable care of it
until we come to collect it.
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Returns
- If some or all of the bottles of wine in a
case are broken or spoiled when they are delivered you should notify us
as soon as possible. You may choose either to return the whole case or
just the affected bottles for a refund.
- You must notify us of all wines which are
due to be returned for any of the reasons stated in this clause within
90 days from delivery of the wine, otherwise you cannot rely on Clause
7a above. You can call us on 0843 224 1001, fax us on 01603 619 277,
notify us by email on help@virginwines.co.uk
or in writing to Virgin Wine Online Limited St James' Mill, Whitefriars,
Norwich NR3 1TN.
- All refunds and reimbursements under
Clause 7a will be paid within 30 days of you notifying us of your wish
to return wine under that clause, provided the wine has been collected
by our carrier.
- Any wines collected by our carrier must be
in their original box to avoid further breakages, where possible.
- Nothing in these Terms and Conditions will
reduce your statutory rights relating to faulty or misdescribed goods.
Further information about your rights is available from your Local
Authority Trading Standards Department or Citizen's Advice Bureau.
- If you are a member of a regular Wine Plan (e.g. Discovery Club or the
WineBank Recommend A Case Service), we will let you know what's in your next case before we ship it. If you
don't tell us, before we ship your wines, that you don't wish to
receive your case and then ask to return it, a charge
of £6.99 will be payable.
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Intellectual Property Rights
- You agree and acknowledge that we own or
are licensed to use all copyright, database rights, trade marks and
other intellectual property rights in and to all parts of this web site,
and to the business of Virgin Wine Online Limited, including the Wine
Wizard software, the structure, design and layout of the web site, the
styles of the wines and the electronic cellar.
- You are entitled to use our web site in accordance
with these Terms and Conditions only. You must obtain our prior written
consent before you use our web site or any part of it in any other manner.
- All persons, individual and corporate, are
prohibited from providing hypertext or other links to the
virginwines.co.uk web site, other than to our home page, from their own
web site or from a third party's web site, without our prior written
consent.
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Warranties
- We warrant that the wines will be of
satisfactory quality and fit for their general purpose.
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Limitation of liability
- Nothing in these Terms and Conditions
shall exclude Virgin Wine Online's liability for personal injury or
death caused by its negligence.
- We will not be liable for any loss or
damage caused by us or our employees or agents in circumstances where:
- loss or damage was not foreseeable to both parties when the
contract was formed;
- loss or damage was not caused by any breach on the part of the
supplier;
- loss or damage relates to business and/or non-consumers.
- Subject to Clause 10a we will not be liable for
loss or damage caused by the customer handling the wine. In particular
we will not be liable for spillages or breakages.
- Customers should also be aware of the
following inherent risks and warnings:
- Alcohol should be consumed in moderation.
- A case of wine is heavy so extra care should be taken when
lifting it. If you are concerned about the weight we advise that
you transfer the bottles 1 or 2 at a time.
- Red wine in particular may cause staining if spilt so extra care
should be taken.
- Sparkling wines and champagnes can be volatile due to the build
up of gasses extra care should be taken when opening these.
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Data Protection
- By providing your details to Virgin Wines
on our web site, you consent to Virgin Wines maintaining, recording,
holding and using the information you give Virgin Wines 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.
- Virgin Wines Privacy Promise. 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 protect
against fraud or to get your wine to you, e.g. our delivery company.
- To ensure that your credit, debit or charge card is not being used without your
consent, we will validate name, address and other personal information
supplied by you during the order process against appropriate third party
databases. By accepting these terms and conditions you consent to such
checks being made. In performing these checks personal information provided
by you may be disclosed to a registered Credit Reference Agency which may
keep a record of that information. You can rest assured that this is done only to
confirm your identity, that a credit check is not performed and that your credit
rating will be unaffected. All information provided by you will be treated securely
and strictly in accordance with the Data Protection Act 1998.
- Virgin Wines Online Limited will use information about you to make marketing offers via email, telephone and mail
based on your wine preferences from time to time. This information may be shared with other companies within the Direct Wines group
and other Virgin companies, unless you have told us not to do so by updating your account details or emailing us at
privacy@virginwines.co.uk.
- If you opt-out from hearing from Virgin
Wines or third parties, you will only be contacted by Virgin Wines regarding service issues
including, but not exclusively, order confirmation and delivery confirmation, significant changes
to terms and conditions and informational, non-marketing emails.
- Phone calls may be monitored or recorded for training and quality purposes.
- If you have any questions regarding our
privacy policy, please email us at privacy@virginwines.co.uk.
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Discovery Club/justREDS
- If you sign up for Discovery Club/justREDS
(a regular delivery of a case a quarter), then this section shall
apply.
- As part of the Plan you shall receive a
case of wine carefully selected by us from various
countries/regions/styles approximately every 3 months and at Christmas.
- Any Discovery Club/justREDS Introductory Offer can only
be redeemed once and by accepting an introductory Plan Offer, you are
not entitled to any further Discovery Club/justREDS Introductory Offers from Virgin
Wines or holder or its affiliates (where you refers to any combination
of a registered user, a credit card, a credit card holder or a
household). If you have taken up any Discovery Club/justREDS Introductory Offer from
Virgin Wines or its affiliates in the past (including the World Wine
Tour), you are not entitled to participate in the offer, but you can
rejoin the plan, purchasing your first case at the normal RRP.
- When you sign up to the Virgin Wines
Discovery Club or justREDS, we will only charge you for that particular case plus
£6.99 for delivery. Unless you cancel your Club membership in
accordance with Clause f, we will notify you approximately every 3 months that your
next case of wine is ready for delivery, including the contents and the
price (currently £89.99 for Discovery Club and justREDS selections and £99.99 for
First Class Discovery Club and First Class justREDS selections).
- You can skip or cancel any suggested case at any time by responding to
our notification within 7 days of its arrival. Please telephone our call
centre on 0843 224 1044 for Discovery Club or 0843 224 1043 for justREDS. If we don't
hear from you, we will deliver the
case of wine to the address that your last Discovery Club/justREDS case was delivered
and charge your credit or other card the notified price of the wine plus
delivery. The address and Credit/Debit Card details and delivery instructions
for your Discovery Club/justREDS case are specific to the Wine Plan and may vary from the
default details on your account.
- Should you wish to cancel your membership
of the Club, you may do so at any time by calling us on 0843 224 1044 for
Discovery Club or 0843 224 1043 for justREDS.
If you wish to notify us in writing you may do so by post or emailing us at
discoveryclub@virginwines.co.uk for Discovery Club or
justreds@virginwines.co.uk for justREDS.
- You consent to us holding and using your
credit card or other card details under this section for the purpose
of obtaining payment for each case of wine whilst you are on the
Plan.
- Introductory Discovery Club/justREDS offers cannot be
combined with other introductory offers. In particular any affiliate
voucher or Virgin Wine Vouchers cannot be used in conjunction with a
Discovery Club/justREDS Introductory offer.
- Should we change the Terms and Conditions
of our Discovery Club/justREDS offer from time to time, we will notify you before
your next case is dispatched, so no nasty surprises.
- We will let you know what's in your next case before we ship it. If you
don't tell us, before we ship your wines, that you don't wish to
receive your Discovery Club/justREDS case and then ask to return it, a charge
of £6.99 will be payable.
- Each year you will be offered a special Christmas holiday shipment. You will be
notified in advance of this special shipment and its seasonal price. There
is absolutely no commitment to accept this seasonal case.
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just6
- If you sign up for just6 (a regular delivery of a 6-bottle case every 2 months), then this section shall apply.
- As part of just6 you shall receive a 6-bottle case of wine carefully selected by us from various countries/regions/styles every 2 months.
- Any just6 Introductory Offer can only be redeemed once and by accepting an introductory offer, you are not entitled to any further just6 Introductory Offers from Virgin Wines or holder or its affiliates (where you refers to any combination of a registered user, a credit card, a credit card holder or a household). If you have taken up any just6 Introductory Offer from Virgin Wines or its affiliates in the past (including the World Wine Tour), you are not entitled to participate in the offer, but you can rejoin the plan, purchasing your first case at the normal RRP.
- When you sign up to just6, we will only charge you for that particular case plus £6.99 for delivery. Unless you cancel your just6 membership in accordance with Clause f, we will notify you every 2 months that your next case of wine is ready for delivery, including the contents and the price (currently £44.99+p&p).
- You can skip or cancel any suggested case at any time by responding to our notification within 7 days of its arrival. Please telephone our call centre on 0843 224 1044. If we don't hear from you, we will deliver the case of wine to your default delivery address and charge your credit or other card the notified price of the wine plus delivery. The address and Credit/Debit Card details and delivery instructions for your just6 case will be taken from the default details on your account.
- Should you wish to cancel your membership of the Club, you may do so at any time by calling us on 0843 224 1044. If you wish to notify us in writing you may do so by post or emailing us at just6@virginwines.co.uk for just6.
- You consent to us holding and using your credit card or other card details under this section for the purpose of obtaining payment for each case of wine whilst you are on the Plan.
- Introductory just6 offers cannot be combined with other introductory offers. In particular any affiliate voucher or Virgin Wine Vouchers cannot be used in conjunction with a just6 Introductory offer.
- Should we change the Terms and Conditions of our just6 offer from time to time, we will notify you before your next case is dispatched, so no nasty surprises.
- We will let you know what's in your next case before we ship it. If you don't tell us, before we ship your wines, that you don't wish to receive your just6 case and then ask to return it, a charge of £6.99 will be payable.
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General
- We shall not be liable for any delay in
delivering your wine if that delay or failure is caused by circumstances
beyond our control such as, war, riot, civil commotion, malicious
damage, compliance with any law or governmental order, rule, regulation
or direction, fire, flood, storm or Act of God, failure of ISP or
telecommunications provider in connection with the performance of this
Agreement.
- Virgin Wines may change or add to these
terms and conditions for security, legal or regulatory reasons. We will
not use this right to vary the terms of any special offer that applies
to you.
- The sale of the goods takes place only
when the wine is despatched from our warehouse. Until that time, no
charge will be made to your credit card and Virgin Wines will not be
bound to supply the goods at the price.
- Relevant United Kingdom law will apply to
these terms and conditions and the relevant courts of the United Kingdom
will have exclusive jurisdiction. Here are our details should you want
to contact us:
Virgin Wine Online Limited St James' Mill, Whitefriars, Norwich NR3
1TN
Tel: 0843 224 1001 Fax: 01603 619 277
Email: help@virginwines.co.uk.
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Corporate Orders
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Corporate Definition
A corporate order is an order where the corporate customer orders 10 or
more cases on the same order.
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Delivery Address(es)
Where an order(s) contain(s) goods to be delivered to more than one
delivery address, it is the responsibility of the corporate customer
placing the order(s) to ensure that all delivery address(es) provided to
Virgin Wines are correct. If goods are delivered to an incorrect
address(es) as a result of incorrect information provided by the
corporate customer, Virgin Wines will not take responsibility for this
and the corporate customer will be charged for the cost of replacement
goods and the cost of delivering the replacement goods to the correct
address(es).
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Payment
We accept payment from corporate customers by Switch, Visa, Mastercard,
Amex, bank transfer and cheque. In the case of payment by bank transfer
and cheque the order(s) will only be shipped when cleared funds have
been received in Virgin Wines bank account.
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Recommend A Friend
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If you have recommended Virgin Wines to a friend,
you will receive £10 for every friend who joins Virgin Wines,
or the Virgin Wines Discovery Club, or the Virgin Wines WineBank.
The £10 will be credited to your account as soon as your friend has used their voucher.
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Recommend a friend benefits do not apply to members of the same household living at the
same address or using the same credit/debit cards.
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Pre Paid Delivery
- Signing up for the Pre Paid Delivery option entitles you to free delivery on all
orders (excluding auction) for 1 year after payment is received.
- No vouchers or WineBank Interest can be used to purchase this product.
- You are entitled to a refund of your original £20 less £6.99 for each
delivery of wine you have ordered (excluding auction).
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Free Delivery
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Spend £150 and get Free Delivery
- Free Delivery when spending over £150 is based on our Standard Delivery option.
- If you select a different delivery option you will receive the cost of our Standard delivery (£6.99) deducted from your order and the difference will be charged.
- Auction cases are not included.
- Discovery Club cases are not included.
- RAC cases are not included.
- Cannot be used in conjunction with any other Free Delivery offer.
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Rate Your Wines and get Free Delivery
- Rate Your Wines and get Free Delivery is based on our Standard Delivery option.
- If you select a different delivery option you will receive the cost of our Standard delivery (£6.99) deducted from your order and the difference will be charged.
- You can rate any wines you buy, and once you've done this, you will get Free Delivery on your next order. Whether that's the same day, or up to a month down the line.
- Free Delivery is limited to one order per month. So if you've received Free Delivery for rating your wines on 5th April, you cannot rate a wine again for Free Delivery until 4th May. If you do rate a wine before then, then it won't count towards a Free Delivery. Your Free Delivery will expire 30 days after rating a wine.
- Cannot be used in conjunction with any other Free Delivery offer.
- Free Delivery cannot be used in conjunction with any auto-generated order inc. Discovery Club, justREDS, Recommend a Case Service and Auctions.
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Terms and Conditions for the
WineBank Plus
Last updated 22nd February, 2012
Terms and Conditions for the
Flying Club Virgin Wines Club
Last updated 21st February 2012
Terms and Conditions for the
Virgin Wines Auctions
Last updated 28th May, 2010