PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Who we are and how to contact us
nineyardsseltzers.co.uk ("Website") is a site operated by Accolade Wines Limited ("we", "us" or "our"). We are registered in England and Wales under company number 137407 and have our registered office at Thomas Hardy House, 2 Heath Road, Weybridge, KT13 8NY. Our registered VAT number is GB 524 707 648.
Acceptance of these terms
References to "you" or "your" are references to any individual accessing our Website.
These Terms and Conditions govern your use of our Website and by accessing any part of our Website, browsing the Website and/or purchasing products from the Website you are deemed to accept and be bound by them. If you do not agree to these terms, you should not use our Website.
We recommend that you print or save a copy of these terms for future reference.
We may amend these Terms and Conditions from time to time, including adding new rules or terms governing use of or access to certain parts of our Website. Every time you wish to use our Website, please check these Terms and Conditions to ensure you understand the terms that apply at that time. To assist you in determining whether the Terms & Conditions have changed since your most recent order we will display the date when these Terms & Conditions were most recently updated. Your continued use of our Website will constitute your acceptance of any changes since your last visit.
Other terms that may apply to you
These Terms and Conditions refer to the following additional terms, which also apply to your use of our Website:
Modification, suspension or withdrawal of our Website
We may update and change our Website from time to time to reflect changes to our products and services, our business priorities or for any other reason.
We do not guarantee and give no warranty that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website, temporarily or permanently, for any reason, including, without limitation, to service the site or where we believe that you have not acted in accordance with these Terms and Conditions. We will try as far as reasonably practicable to give you reasonable notice of any suspension or withdrawal, except in circumstances of your breach of these Terms and Conditions, in which case suspension or withdrawal of access may be immediate.
You agree that we shall not be liable to you or any third party for any such change, suspension or withdrawal of our Website.
Access to and Use of Our Website
Our Website is solely for the sale of our products to consumers in the UK. Unfortunately, we do not deliver to businesses or to addresses outside the UK.
Our Website is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Website or such distribution or use would be contrary to local law or regulation. If you choose to access information on this Website, it is your responsibility to comply with the applicable local, national or international laws in your country of residence.
Our Website is intended for use solely by persons over the age of 18. If you are under 18 years of age, you should not use or access our Website for any reason, nor purchase any products sold on our Website and you should exit the Website immediately.
Our contract with you
If you place an order for products through our Website, 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.
If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of a problem with your payment details which means that we are unable to process your payment, or because we are unable to meet a delivery deadline you have requested.
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.
The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
We do not guarantee the availability of any product and we reserve the right, without liability or earlier notice, to change, discontinue or stop making any product available, whether before or after acceptance of your order. Please note that some products may be unavailable even if the Website indicates that they are in stock and adding a product to your basket does not guarantee the availability of that product. We reserve the right to cancel an order previously accepted by us if it transpires that the product you ordered is out of stock or otherwise unavailable.
Price and payment
All prices for products are shown on the Website in GBP. The price of the products (which includes VAT) will be the price indicated on the order page when you place your order, together with any applicable delivery costs as set out on the order page.
We may change the prices listed on our Website at any time without notice and any price increase will apply to all orders placed after such changes take effect.
We take all reasonable care to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.
If the correct price for the products at your order date is less than our stated price at your order date, you will only be charged for the lower amount and, if you have already paid for the products, we will refund you the difference. If the correct price for the products 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 cancel the contract, refund you any sums you have paid and require the return of any products provided to you.
We accept payment by MasterCard and Visa branded credit & debit cards, as well as by PayPal.
You must pay the full purchase price of the products before we dispatch them to you.. We reserve the right to cancel your order if we are refused authority for payment or reasonably believe that payment will be refused by your payment provider.
Shipping and delivery
During the order process, we will let you know when we will provide the products to you based on your selected method of delivery.
If delivery of the products is delayed by adverse weather conditions or another event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. If there is a risk of substantial delay, you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
If you have ordered alcohol from us and you are not available to take delivery, it is your responsibility to ensure that a suitable person is there to receive the order. We operate a Challenge 25 policy, which means that if the person receiving delivery of alcohol looks under 25, we will request identification confirming that they are aged 18 or over. We may retain the products if proof of age or an alternative adult is not available at the point of delivery.
If an appropriate person is not available at your address to take delivery, a note will be left informing you of how to rearrange delivery or collect the products from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot within 7 days after the failed delivery, we may cancel the contract with you.
We reserve the right to charge for redelivery of products that have not been completed due to you having supplied incorrect address information or where an appropriate person is not available to take delivery.
All products ordered by you will be your responsibility from the time we deliver them to the address you gave us. You are responsible for inspecting all products as soon as possible following delivery and you must notify us as soon as possible (and, in any event, within 14 days after receipt of delivery) of any non-conformity or visible damage or other deficiencies.
Ownership of products will pass to you once we have received payment in full.
Cancellation and Returns
You have 14 days after the date your order is delivered to change your mind about the products and receive a refund (your “right to change your mind”). If products forming part of the same order are split into several deliveries over different days, you have until 14 days after the date the last part of your order is delivered to change your mind.
The right to change your mind does not apply to products which have been opened or unsealed (in full or in part), damaged or otherwise treated in such a way as to make resale impossible, unless a product is faulty or misdescribed in which case please see Section 12 (If there is a problem with your product).
If you exercise your right to change your mind after the products have been dispatched to you or you have received them, you will have to return the products with original packaging and proof of purchase to the following address at the latest within 14 days from the day on which you informed us about your wish to exercise your right to change your mind:
Accolade Wines, The Park, Kings Weston Lane, Avonmouth, Bristol, BS11 9FG
Unless the product is faulty or misdescribed, you will be responsible for the cost of returning the products.
If you exercise your right to change your mind in accordance with Section 10 (Cancellation and returns), we will refund all payments we have received from you including delivery costs (except additional costs resulting from the fact that you have chosen another delivery method than the cheapest standard one offered by us or required a redelivery due to incorrect address details having been provided or an appropriate person not being present to take original delivery).
Your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. If you do not need to return any products, your refund will be made within 14 days from the day on which we received notification of your wish to exercise your right to change your mind.
We will use the same payment method and currency for the repayment which you used for the original transaction, unless another method is expressly agreed with you. We will not charge you any fees for this repayment.
We may reduce your refund to reflect any diminished value of the products if this results from handling beyond what is necessary to ascertain the condition and characteristics of the products. If we refund you the price paid before we are able to inspect the Products and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect this reduction in value.
If you fail to comply with any of the obligations relating to the return of a product, we reserve the right to either reject your return and decline to refund the purchase price or to deduct from any amount to be refunded to you any reasonable costs that we have incurred.
If there is a problem with a product
We will ensure that the products that we deliver to you conform to this contract. This means that we will ensure that the products have the characteristics which you are entitled to expect under this contract, taking into account the nature of each product and the information we provided on the product (e.g. on our Website) before you ordered it.
If you are required to return a product which is faulty or misdescribed, we will pay the costs of return. On receipt of the product, we will promptly and fully refund the price of any product that is faulty, misdescribed or does not meet with your reasonable satisfaction or arrange for the delivery of a replacement product.
Our intellectual property
Unless otherwise specified, we are the owner or the licensee of all intellectual property rights in or on our Website and its content, including but not limited to copyright and unregistered and registered trade mark rights. All such rights are reserved and the benefit of any goodwill which arises through your use inures to us.
You are permitted to use our Website material, data and content only for your personal use in placing orders through our Website, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material, data and content on our Website without our prior written permission.
If you breach this Section 13, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials or other derivative works that you have made.
Acceptable Use of our Website
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is malicious or fraudulent, or has any malicious or fraudulent purpose or effect, including in any way that might breach of the terms relating to Section 17 (Security) below.
- For the purpose of harming or attempting to harm minors in any way, including, without limitation, to purchase alcohol for the supply to persons aged under 18.
- For any commercial purpose, including but not limited to, to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- In any way which undermines or negatively impacts our Website, our brand or business reputation or any of the products made available on it.
- In any way which creates the impression of an association, approval or endorsement between our Website and/or products, and you or another third party, including but not limited to, through the use of co-branding, framing our Website on any other site, hyperlinking to our Website or using meta tags or "hidden text" with our name or trade marks without our prior written permission.
You also agree not to access without authority, interfere with, damage or disrupt:
- Any part of our Website;
- Any equipment or network on which our Website is stored;
- Any software used in the provision of our Website; or Any equipment or network or software owned or used by any third party.
When we consider, in our discretion, that a breach of this Section 14 has occurred, we may take such action as we deem appropriate, including without limitation:
- Immediate, temporary or permanent withdrawal of your right to access our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all actions we may take in response to any breaches of these Terms and Conditions by you.
Do not rely on information on this site
Although we have taken all reasonable care to ensure that the information provided on our Website is accurate, we give no warranties, representations or conditions of any kind, whether express or implied, with regard to Website itself or the accuracy, timeliness or completeness of any such information. Your use of the Website is provided on an "as is" and "as available" basis only.
We are not responsible for websites we link to
Where our Website contains hyperlinks to third-party internet websites and resources, such links are not an endorsement by us of such websites or of any of the products, services or information you may obtain from them.
You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. We have not verified the truth or accuracy of any content of such websites.
Those websites or resources may have their own terms, conditions and policies, and it is your duty to ensure that you comply with them. We accept no liability, no matter how that may be caused, for any failure on your part to view, comply or familiarise with any such terms, conditions and policies.
We do not guarantee that our Website will be compatible with all hardware and software which you may use, nor that it will be secure or free from viruses, worms, Trojan horses and other code that may have contaminating or destructive properties.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website in any way, including without limitation by knowingly introducing data mining tools, robots, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website, including (without limitation), by using tools designed to compromise security (such as password guessing programs, cracking tools or network probing tools).
You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or other similar laws, where applicable, as amended or replaced from time to time. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You will indemnify us to the fullest extent possible for any loss or damage suffered by us which arises out of or in connection with a breach of this term.
How we may use your personal information
Our responsibility for loss or damage suffered by you
If we fail to comply with these Terms and Conditions or any applicable legal provisions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable skill and care, 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.
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 Products, and for defective Products.
Access to our Website is provided for personal use by consumers only. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will also not be liable for any loss of data where this results from your failure to comply with these Terms and Conditions.
If any of these terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these Terms and Conditions, and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
Which country's laws apply to any disputes?
These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree that the English Courts will have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of our Website and these Terms and Conditions, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and, if you are resident of Scotland, you may also bring proceedings in Scotland.
We want to hear from you if you are not satisfied with our Website or our products so that we can put matters right. You can contact us in writing or by email using the following contact details:
Accolade Wines, The Park, Kings Weston Lane, Avonmouth, Bristol, BS11 9FG