Terms and Conditions for Prebinvest Ltd t/a Ex Cellar.
Important note: if you are a business customer, these terms and conditions do not apply to you. They only apply to Customers who are consumers.
1. Definitions In these terms and conditions, the following words have the following meanings, except where the context requires otherwise: 1.1 “Clause” means a term of these terms and conditions. 1.2 “Customer” means any customer who contracts with us for purposes which are outside his or her trade or profession. 1.3 “Delivery Address” means the address which you specify in your Order as the place where we should deliver the Goods. 1.4 “Final Information” means the following information contained in a PDF file attached to our email confirmation: • Final details of the Required Information defined at Clause 1.9. • The total and final Price of your Order. • The Order Invoice Number. • The conditions and procedures for Customers to cancel their Sales Contract and request a refund. • Our address for complaints. • Any restrictions, limitations, conditions of purchase, geographical or time restrictions that apply to your Order. • A statement that the Sales Contract is subject to these terms and conditions and any other specific terms that you and we agree in writing. • Information about any after-sales service or applicable guarantees. 1.5 “Goods” means the articles supplied or to be supplied by us to you pursuant to any Sale Contract and for the avoidance of doubt, unless the context requires otherwise, this includes any substitutes made in accordance with Clauses 3.5 and 3.6. 1.6 “Information” means the following information published on our Website: • Our company details. • The main characteristics of the Goods on sale. • A contact point for inquiries. • The Price of the Goods you order. • Clear details about how to order. • Arrangements for payments, delivery and performance of any Sale Contract. • The fact that Customers can cancel their Sale Contracts and receive a refund. • The period for which any offer or prize remains valid, and the terms of any such offer or prize. • Our right to substitute other Goods for Goods ordered and the fact that if rejected by a Consumer, we will pay the costs of returning the substituted Goods to our premises. 1.7 “Next Day Delivery” means delivery of Goods in accordance with the charges, timescales and geographical restrictions set out in Clause 6.8. 1.8 " Excellar" means Prebinvest Ltd whose registered office is at London. 1.9 “Order” means an order for Goods submitted by an Internet Customer to us. 1.10 “Ordered Goods” means the articles specified in any Order. 1.11 “Order Invoice Number” means the unique identifying number which we give to your Order. 1.12 “Price” means the price for the Goods payable by you including all taxes, duties, delivery costs and any other charges in respect of the Goods or services supplied by us to you, and will be stated in applicable currency showing an exact total and a breakdown. 1.13 “Sale Contract” means a contract for the sale of Goods by us to a Customer which comes into existence when and only when all the following elements are satisfied: 1.13.1 The Customer has placed an order with us and remitted payment to us for the full Price; AND 1.13.2 We have accepted the Customer’s Order and payment, and received that payment. 1.14 “Standard Delivery” means delivery of Goods in accordance with the charges and timescales set out in Clause 6.7. 1.15 “Terms” means the terms and conditions on which we make sales to Customers which are set out in: 1.15.1 These terms and conditions. 1.15.2 Any special terms agreed in writing by us for a particular Sale Contract or Sale Contracts. 1.16 “Website” means the internet site maintained by us at excellar.co.uk. 1.17 “your email address” means the email address that you give us when you register on our Website.
2. Interpretation 2.1 “we”, “our” and “us” refers Prebinvest Ltd. 2.2 “you” and “your” refers to any Customer who places an Order with us. 2.3 References to “persons” refer to persons both natural and legal and include, without limitation, incorporated or unincorporated associations, partnerships, other private bodies and public authorities. 2.4 Clause and schedule headings are for convenience only and shall not be taken into account in the interpretation of these terms and conditions.
3. Orders 3.1 You place an Order with us by clicking on the purchase confirmation button on the order confirmation page of the Website. 3.2 As to your Order: 3.2.1 The material contained in our Website constitutes an invitation to treat, not an offer. Among other things, the Website contains the Information to help you choose the Goods you want to buy. 3.2.2 By clicking on the purchase confirmation button and submitting your Order to us, you make an offer to us which incorporates these terms and conditions (together with any specific further written terms that we agree with you). 3.2.3 Promotions and discounts cannot be mixed. 3.3 As to our response to your Order: 3.3.1 We process all Orders placed via our Website at 20 Craddocks Parade, Ashtead, Surrey, KT10 1QJ/ 3.3.2 On receiving your Order, we will send a confirmation email to you at your email address. 3.3.3 The process of forming a contract between you and us completes when we accept your Order and debit your account by an amount equal to the Price due for the Goods that you ordered. We will own all Goods comprised in your Order until such time as we have dispatched your order 3.4 As to our right to reject your Order: We reserve the right to reject your Order, in which case we will have no obligation to you. We may reject your Order at any time up until we dispatch your order, without giving a reason. 3.5 As to changing the kinds and quantities of Goods: We may accept the whole or any part of your Order, both in respect of the kinds of Goods ordered and the quantity of Goods ordered. If any such changes would reduce the Price payable by you to us, we will reduce it. 3.6 As to availability and substitutes: 3.6.1 All Goods are advertised for sale subject to availability. 3.6.2 Where Goods are out of stock or not available, we reserve the right to select and deliver to you a substitute of at least equal value, to avoid delay to the delivery of your Order. In particular, vintages may vary from those shown on the Website. 3.6.3 You have the right to reject any substituted Goods, and in this case we would pay the costs of returning them to our premises. 3.6.4 If we are unable to supply particular Goods or do not provide a substitute, we will not charge you for that item. We will have no liability to you for the unavailability of the original Goods or a substitute. 3.6.5 If a substitution would reduce the Price payable by you to us, we will reduce it. 3.7 As to the time and place of sale: The sale of Goods to you will occur at the time when and place where we dispatch your Order. 3.8 You must be over 18 to buy Goods from us: By placing an Order, you represent to us that you are over 18 years of age at that time. If this representation is untrue, there will be no contract between us and we will have no liability to you.
4. Price 4.1 The Price shall be the amount payable for the Goods and stated against those Goods in the Final Information contained in our confirmation email to you. We reserve the right to change our Prices up to the moment that we send you our confirmation email 4.2 As stated in Clauses 3.5 and 3.6.5, if we change the quantities of Goods or kinds of Goods that we will supply to you, or make a substitution, and any such changes or substitution would result in a reduction of the Price payable by you to us, we will reduce it. 4.3 We reserve the right to debit your account for more than the amount of the Price payable by you to us at the time you submitted your Order if there has been any increase in the cost of the Goods for reasons beyond our control, such as: 4.3.1 Increases in duty or taxation. 4.3.2 Costs caused by adverse currency fluctuations. 4.3.3 If we discover an error in the price of goods featured on our website that you have ordered, we reserve the right to inform you of our error, the correct price and offer the opportunity to reconfirm your order at the correct price. If we are unable to contact you within 7 days we will consider the order cancelled. If you decide cancel your order you will receive a full refund.
5. Payment 5.1 After sending our confirmation email, we will debit your account in an amount equal to the Price for the Goods. 5.2 Credit and debit cards: 5.2.1 We accept payment by any of Visa, Mastercard, Visa Debit, Maestro and American Express cards. We will debit all amounts in UK £ sterling. 5.2.2 We do not accept payment by Electron cards. 5.3 Gift vouchers: We do not accept gift vouchers. 5.4 Cheques: We do not accept cheques. 5.5 Payment problems: If we cannot process your payment because your card is declined, or we need further information, we will contact you at your email address. If we do not hear from you within 7 days of attempting to contact you, our communications will cease and we will have no liability to you. 5.6 Urgency: Your Order might be delayed by transfers of money or credit card authorisations not being confirmed by the relevant banks or credit card companies. You are responsible for contacting your bank or credit card company to speed up this process if you require the Goods that you have ordered urgently.
6 Delivery 6.1 We will arrange the delivery of the Goods to the Delivery Address. 6.2 Our obligation to arrange the delivery of the Goods will be discharged when the Goods are received and signed for at the Delivery Address by a person who appears to be: (i) authorised to take delivery and sign the delivery documentation presented by the courier and (ii) over 18. We cannot accept any instructions to leave the Goods in any location, however secure, without being signed for. 6.3 We will use an external courier to deliver the Goods. All Orders will be despatched and delivered on working days between 8 am and 6 pm. We cannot specify the time at which Goods will be delivered. 6.4 The carrier will attempt to deliver the Goods two times, after which the intended recipient will be responsible for making arrangements with the carrier for delivery of the Goods. The carrier will return your Order to us, usually within 7 days following the two attempts, if it has not been collected or a suitable redelivery agreed with the carrier. If the Order needs to be dispatched again, either to the Delivery Address or another address, the dispatch would be at your cost. 6.5 Special arrangements are required for delivery to addresses outside the United Kindgom. Please telephone 01372 461187 for deliveries to addresses in European countries. We cannot deliver to the Channel Islands or Post Office Boxes. 6.6 There are two methods of Delivery: Standard Delivery and Next Day Delivery. 6.7 As to Standard Delivery: Please contact Kathryn on : 01372 461187 or email us on: email@example.com for details. 6.8 As to Next Day Delivery: Please email us on firstname.lastname@example.org for details. 6.8.4 Orders for delivery to more than one recipient and address: the charges set out above will apply for each recipient, for each address. 6.8.5 Orders on Next Day Delivery will be delivered on the next working day, provided that the Order is placed before 11 am on a working day. 6.9 Right to vary delivery charges: we reserve the right to vary the delivery charges set out in Clauses 6.7 and 6.8 at any time.
7 Our liability to you Important note: the following terms exclude or limit our liability to you. 7.1 Exclusion of our liability – incorrect delivery information: We have no liability to you for any loss or damage you sustain, whether direct or indirect, caused by or arising out of late delivery or the failure of delivery on account of incorrect delivery information supplied to us by you. 7.2 Restriction of our liability: 7.2.1 We have no liability for any loss or damage you sustain, whether direct or indirect, caused by or arising out of the non-delivery of any Goods unless either: (i) all of the Goods charged for are not delivered; or (ii) you give us full details of the shortages within seven working days of the part delivery. 7.2.2 Our total liability to you for any loss or damage you sustain, whether direct or indirect, caused by or arising out the non-delivery of any Goods is in any case limited to: (i) delivering the Goods to you within ten days of you telling us about the non-delivery; or (ii), at our option, crediting your account with an amount equal to the Price of Goods not delivered, plus the delivery charge for those Goods. We reserve the right to substitute Goods of at least equal value in the event of supply difficulties. 7.3 Substitute Goods: Our total liability to you in respect of any substitute Goods which you have told us are not acceptable to you is limited to crediting your account with the amount debited to your account in respect of the substitute Goods, including the delivery charge for those Goods. 7.4 Corked or faulty wines: If a wine is corked or faulty we will offer a replacement or credit on the return of the bottle in question. If you have kept a wine too long or stored it inappropriately, we may not be able to offer a replacement or a credit. If you think that you have bought a faulty wine, please write to us with details at: Prebinvest Ltd, 107a Hare Lane, Claygate, Surrey, KT10 0XQ.
8 Refund and cancellation policy Customers have a 7 day cooling off period from the day on which the Goods are delivered to them to cancel their Order for any Goods purchased on our Website. During this time Customers may return Goods to us for a full refund. A full refund will be offered provided the goods remain in good condition and that the request to cancel is received in writing. Any cancelled order will be refunded within 30 days. A charge of £10 for collections will be payable. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged. 8.1 In order to claim a refund, Customers must send a cancellation notice, stating their Order Invoice Number, to us, in any of the following ways: 8.1.1 By hand delivery to us at Prebinvest Ltd, 107a Hare Lane, Claygate, Surrey KT10 0XQ. In this case, the notice will be taken to have been given on the day on which it was left. 8.1.2 By post to us at Prebinvest Ltd, 107a Hare Lane, Claygate, Surrey KT10 0XQ. In this case, the notice will be taken to have been given on the day on which it was posted. 8.1.3 By email to our Customer service team at “email@example.com ”. In this case, the notice will be taken to have been given on the day on which it was sent. 8.2 Customers who wish to cancel their Orders after delivery must: 8.2.1 Take reasonable care of the relevant Goods and must not use or consume them. 8.2.2 Return the relevant Goods within 7 days from the date of delivery, in the correct packaging, to us at 107a Hare Lane, Claygate, Surrey, KT10 0XQ. We advise Customers to make sure that the Goods are adequately insured for the return journey. 8.3 If Customers who wish to return Goods to us cannot arrange re-delivery to our processing centre, they should contact us by post (at 107a Hare Lane, Claygate Surrey KT10 0XQ, or telephone us on 01372 461187, or email us at firstname.lastname@example.org as soon as possible and in any event within 7 days from the date of delivery. We will arrange redelivery at the Customers’s cost. 8.4 We will issue refunds within 30 days beginning on the day on which the Customer gave the cancellation notice. If the Customer returns Goods which we substituted for the Goods that he or she originally ordered, he or she is not required to pay the costs of returning the substituted Goods to us, after sending a cancellation notice.
9 Complaints 9.1 If you have any complaints regarding our services, please address them to Customer Services by: 9.1.1 Post, to us at 107 Hare Lane, Claygate, Surrey, KT10 0XQ. 9.1.2 Email, to “email@example.com
10 Variation 10.1 Any variation to these terms and conditions shall be of no effect whatsoever unless agreed in writing by us.
11 Severance 11.1 If any term or provision of these terms and conditions is in whole or in part held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision shall to that extent be deemed not to form part of these terms and conditions and the enforceability of the remainder shall not be affected.
12 Waiver 12.1 Any remedy or right conferred upon us or you for breach of these terms and conditions shall be in addition to and without prejudice to all other rights and remedies available to the relevant party. No exercise or pursuit, or failure to exercise or pursue, such a right or remedy shall constitute a waiver by a party of any other right or remedy.
13 Governing law and disputes 13.1 Governing law: These terms and conditions and any Sale Contract to which they apply shall be governed by and construed in accordance with the law of England and Wales. 13.2 Disputes: The courts of England and Wales shall have jurisdiction in relation to any dispute concerning or arising out of these terms and conditions and any Sale Contract to which they apply. Updated 13/07/2018