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TERMS AND CONDITIONS OF SALE

Last updated: 31 October 2013

Registered Address and Contact Details

CROATIAN FINE WINES LIMITED

Winnington Hall, Winnington Lane, Northwich, Cheshire, CW8 4DU  United Kingdom

Company Registered in England and Wales: 7497290

VAT Registration Number: 105 9681 06

Director: Mark Roberts

www.croatianfinewines.com

sales@croatianfinewines.com
Tel: +44 (0)1606 784 171

If you have any issues or questions relating to an order please Contact Us; we are here to help.

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Croatian Fine Wines Limited of Winnington Hall, Winnington Lane, Northwich, Cheshire, CW8 4DU, United Kingdom that owns and operates www.croatianfinewines.com

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means www.croatianfinewines.com.

1.8 Email address of Seller sales@croatianfinewines.com

1.9 Telephone number of Seller +44 (0) 1606 784 171

2 CONDITIONS

 2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

2.6 The language of the Terms and Conditions and for concluding all contracts for the sale of Goods by the Seller to the Buyer is English (United Kingdom).

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 When making an order through the Website, the steps the Buyer needs to take to complete the order process are as presented in the Checkout process of the Website.

They include:

  1. Registering and Creating an Account. Sign-in to the Buyer's Account is required for all order for Goods.
  2. Invoice Information: Selection or entering of the invoice address for ordered Goods.
  3. Delivery Information: Selection or entering of the delivery address for ordered Goods.
  4. Delivery Method: Information of the price of packaging and delivery of the ordered Goods.
  5. Payment Information advising that the PayPal website is used for secure payment by Credit or Debit Card or PayPal account.
  6. Order Review page summarising the total price for ordered Goods and Delivery.
  7. Placing of the order and the making of payment on PayPal website
  8. Email confirmation of order is sent to the Buyer.

3.4 If a mistake is made in data entry after placing an order please contact the Seller by telephone or email to make the necessary amendments.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges unless stated otherwise.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. A copy of the confirmation email will be held by the Seller.

4.4 In the case of Consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 In the case of other sales, payment of the price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

4.6 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate 10% per annum above the base rate of the Natwest Bank PLC from time to time in force.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 Age Restrictions for the Sale of Alcohol in the UK.
“It is an offence for anyone aged under 18 to purchase or attempt to purchase alcohol, or for someone over the age of 18 to purchase or attempt to purchase alcohol on behalf or someone aged 18.” Licensing Act 2003

6.3 By placing an order you confirm that you are at least 18 years old.

6.4 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

6.5 If our couriers are in doubt of the age of the person who placed the order they will request some form of valid photographic ID. In the event that this is not satisfied they are not permitted to leave the order.”

7 DELIVERY

7.1 Goods supplied within the UK will normally be delivered within two to three working days of acceptance of order. Orders accepted by 15:00 hours on a working day will normally be delivered the next working day.

7.2 Goods supplied outside the UK will normally be delivered within the time specified on notification of acceptance of order, but within 30 days.

7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7.8 The Seller uses national couriers and Next Day Delivery service is used as standard within the UK.

7.9 The price for delivery of the Goods can be found in the Delivery Rates tables.

8 CANCELLATION AND RETURN

8.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.

8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone and or email within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

8.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

8.3 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.

8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by telephone and or email within 7 working days of receipt of the Goods.

8.5 In the event of cancellation, the Seller shall be responsible for the recovery of the Goods from the Buyer and the Seller shall inform the Buyer within 28 days of cancellation of the date when the Seller will collect the Goods. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any).

8.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.

8.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

WAIVER

10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

FORCE MAJEURE

11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

SEVERANCE

12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

CHANGES TO TERMS AND CONDITIONS

13.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

GOVERNING LAW AND JURISDICTION

14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.

---ENDS---

See also Legal Declarations.

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