1.     Agreement to Terms and Conditions

1.1 The website paulrobertswines.co.uk is owned and operated by Paul Roberts Wines Ltd. References to ‘we’, ‘us’, ‘our’ or ‘the website’ are references to Paul Roberts Wines Ltd. We are a company registered in England and Wales (company number 4610452) and our address for correspondence is Lawden Rd, Bordesley, Birmingham, B10 0AD.

1.2 Your use of the website is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions as set out below. If you do not agree to these Terms and Conditions you must exit the website immediately.

1.3 We reserve the right, from time to time and with or without notice to you, to change these Terms and Conditions at our sole discretion.  The Terms and Conditions applicable to your use of this website will be to the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes have been made means you agree to be bound by the changes.

 

2. Website Use Terms and Conditions

2.1 It is illegal to sell wine to anyone who is under 18 years old. By placing an order you confirm that you are at least 18 years old.

2.2 You agree not to upload, post, email or otherwise send or  transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website.  You also agree not to interfere with the servers or networks underlying or connected to this website or to violate any of the procedures, policies or regulation of networks connected with this website.

2.3 You agree not to impersonate any other person while using this website , conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

2.4 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.   

 

3. Copyright

3.1 This Website and its content is copyright of Paul Roberts Wines Ltd 2013 all rights reserved.

3.2 All trademarks, logos, images, product and company names displayed on the website are the property of the respective owners. Nothing on the website grants you any licence or right to use, alter or remove such material.

 

4. Availability of Website

4.1 Although we aim to offer you the best possible service we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service please report it to us and we will correct the fault as soon as we reasonably can.

4.2 Your access to the Paul Roberts Wines website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities and services. We will restore the service as soon as we reasonably can.         

 

5. Purchases

5.1 You may submit orders online at any time after you have created an account. The facility and our communications to you will be in the English language.  The facility will allow you to review your order and make any changes or corrections before submitting it to us and by submitting the order you confirm you have made the changes.

5.2 Your submission of any order amounts to an offer to enter a contract to buy the product from us. You cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

 

6. Payments

6.1. We accept all major UK debit cards and Visa Credit and Mastercard. These are processed free of charge.

6.2 You will be charged on the day you order and your wine will be despatched by courier when we have received payment in full. We anticipate delivery 3 days after despatch but cannot be held responsible for late deliveries caused by adverse weather, inaccurate delivery addresses etc.                 

6.3 Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the charges for any service at any time and we agree to notify you at least 30 days in advance of any additional fees.

6.4 Please note that should your account fall into arrears we reserve the right to pass your details onto a debt collection agency for retrieval of the outstanding debt.

6.5 You will not hold us responsible for any delays outside our control that relate to the  delivery of the product.

6.6 It is the customer’s responsibility to report all lost boxes within 7 days. Failure to comply with this procedure will result in no refund.

 

7. Delivery of Boxes

7.1 Boxes can only be delivered to addresses within the United Kingdom and Northern Ireland, excluding PO Box addresses and BFPO addresses.

7.2 We currently use a courier service to deliver the boxes to you and anticipate delivery 3 days from date of despatch. Proof of delivery will be collected.

7.3 Please note on all UK Mainland deliveries some postcodes in the Scottish Highlands, Lowlands and Off Shore areas may attract an additional surcharge depending on the size of the order. In some cases free delivery may also not be an option.

7.4 You will not hold us responsible for any delays outside our control which relate to the delivery of the boxes.

7.5 It is the customers responsibility to report all lost boxes within 7 days. Customers are obliged to comply with Paul Roberts Wines Ltd’s claim compensation process. Failure to comply with this process, as amendable from time to time, will result in no refund.

7.6 If you change address you must update your details on the website to ensure no boxes are sent out to the wrong address. Please ensure that this is done in time to take effect before you move as you will be liable for any boxes despatched to the wrong location.

7.7 If you are dissatisfied with any product you receive from us please contact our team on This email address is being protected from spambots. You need JavaScript enabled to view it.. We retain the right to request the return of any faulty goods by recorded delivery to Lawden Rd., Bordesley, Birmingham, B10 0AD and the product will be inspected. If the fault is agreed a full refund will be given for the returned goods. We will consider refunds for any boxes returned to us within 7 days of receipt. We reserve the right to refuse refund on any product.

 

8. Returns & Refunds

8.1 In the case of damaged or faulty goods Paul Roberts Wines Ltd will provide a replacement, credit or full refund on the rare occasions a breakage occurs or for products that are faulty. We must be notified of damaged or faulty products within 3 working days of receipt. We may require the faulty products to be returned to us so please keep all the original packing. In order to process a refund or replacement due to damage or breakage, a clear photograph(s) of the damaged goods will need to be provided. 

8.2 We reserve the right to refund and not replace damaged or incorrect items at our discretion. This includes refunding for part sets. Promotional products that are added/included at no extra charge cannot be refunded if damaged or replaced without a subsequent postage charge being applied subject to availability.

8.3 On the rare occasion where the products delivered are different to those ordered we must be informed of this within 3 working days of receipt. We will arrange a collection of these products sent in error as necessary once we have investigated the dispatch records for your order.

8.4 Please contact us by email (in writing) to cancel your order within 7 working days after the date that the item was delivered to you. Unwanted items must be returned and received by us within 14 working days after the day of the date that the item was delivered to you, however, you, the customer, will be liable for the amount payable for the return and appropriate repackaging as required of the goods to us. We strongly recommend using an insured and recorded delivery service to the full value of the goods. All returned items must be in their original packaging, in an untampered, re-saleable condition. Due to the nature of the goods, refunds will not be issued where there are clear signs of tampering rendering the goods not resaleable. 

8.5 We do not currently arrange collections on the return of unwanted items. Should we be required to arrange any collection of products that have not been returned as required within the 14 working days, any charges paid by us to collect or retrieve the goods will be payable in full by the customer. Notification of refunds made will be by e-mail message informing of the amount, time and date the refund was made. Although Paul Roberts Wines will aim to issue refunds within 7 - 14 working days, according to UK Distance Selling Regulations refunds should be processed within 30 days of the point of cancellation of the contract and Paul Roberts Wines reserve the right to do this

 

9. Use

9.1  You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the service.

9.2 All content and programming of the Paul Roberts Wines website is the property of Paul Roberts Wines Ltd. You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Paul Roberts Wines website without written permission from Paul Roberts Wines Ltd.

 

10. Privacy

10.1 We collect personal information about you through your use of this website and our services. All the information we collect is subject to our Privacy Policy.

 

11. Promotion Codes

11.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion past or present.

 

12. Disclaimer of Warranties and Limitations of Liability

12.1 Nothing in clause 11.1 or otherwise in these Terms and Conditions shall exclude or in any way limit Paul Roberts Wines Ltd’s liability for:

  (i) Fraud

  (ii) Death or personal injury caused by its negligence (including negligence as defined in Unfair Contract Terms Act 1977).

  (iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of products sold through the website.

  (iv) Liability to the extent the same may not be excluded or included as a matter of law.

Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

12.2 This website and its contents are provided ‘as is’ and on an ‘as available’ basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays or interruptions  in the shipment of boxes, delivery or downloading contained on the website, any costs, losses, expense or damages arising from the use of content provided on the website or any conduct by users of the website. Subject to clause 9.1 we disclaim all representations and warranties including, for example, warranties of merchantability, fitness for a particular purpose and non-infringement.

12.3 Subject to clause 11.1 in no event shall we, our shareholders, directors, officers or employees be liable (jointly or severally) to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

12.4 Subject to clause 11.1 our maximum liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Paul Roberts Wines Ltd in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.

  

13. Applicable Law

13.1 This website is controlled by Paul Roberts Wines Ltd. Your use of the website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.  

                

14. Assignment by Us

14.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal and agreed to by you for your own benefit and not for the benefit of any other party. 

 

15. No Waiver

15.1 If we delay exercising or fail to exercise or enforce any rights available to us under these Terms and Conditions, such delay does not constitute a waiver of that right or any other rights under these Terms and Conditions.

 

16. Force Majeur

16.1 We will not be liable to you for any lack of performance or the unavailability  or failure of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.    

 

17. Damaged or Defective Items       

17.1 You must inspect the products on the day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.

 

18. Cancellation

18.1 You can cancel the purchase of a box of wine at any point before despatch using the Paul Roberts Wines website. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you but received by us in time for the deadline

18.2 Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting , as your agent.

18.3 We reserve the right to terminate or restrict your use of our services for any or no reason whatsoever. One reason we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our services as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.

 

19. Indemnity by You

19.1 You agree to indemnify and hold Paul Roberts Wines Ltd its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim, demand, damages, costs and expenses including reasonable legal fees arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.

 

20. Website Disclaimer

20.1 The information contained in this website is for general information purposes only. The information is provided by Paul Roberts Wines Ltd and, whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose.

20.2 This website and its contents are copyright of Paul Roberts Wines Ltd.