The Clear Wine Company Ltd
Terms and Conditions
These terms (“Terms”) apply if you want to purchase products from us or use our website. These Terms should be read alongside, and are in addition to, our Privacy Policy.
Please read these Terms carefully before using the website or purchasing products from us and print and keep a copy of them for your reference. We may change the content of the website from time to time, including the terms of use. By using the website (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access the website or place an order with us.
1. About us
In these Terms, references to “we” or “us” are to The Clear Wine Company Limited (trading as Clear Wine Co), a company incorporated in England and Wales (registered number 11172101) whose registered office is at 292 Longhurst Lane, Mellor, Stockport, Cheshire SK6 5PP. Our registered VAT number is GB 294570080.
Terms of Sale
2. Contract creation
The placing of an order anywhere on our website does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Clear Wine Co nor at the point when you receive an email from Clear Wine Co acknowledging receipt of your order.
Non-acceptance of an order may be a result of one of the following
a) The product(s) you ordered being unavailable from stock
b) Our inability to obtain authorisation for your payment
c) Our inability to verify that you are aged over 18 years
d) The identification of a pricing or product description error
3. Prices
All prices are quoted in UK pounds (GBP), and may be per bottle or per case, as marked. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.
Although we endeavour to ensure that all pricing information on our website is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.
We reserve the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions.
4. Availability
All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.
5. Delivery
We deliver throughout the UK except for the Channel Islands and BFPO addresses. Our delivery times are within four working days from placing an order for mainland UK. For further details of delivery options and prices for delivery please go to the Delivery Information section of our Website. Details of options available will also be provided at the time of placing your order. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.
Our deliveries are made by third party carrier APC. If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.
Free delivery applies within the UK when your purchase exceeds 2 x 12-bottle cases or equivalent in a single order and is for our standard delivery service to a single UK address only.
6. Cancellations, Replacements and Refunds
If you buy any of our wines and it is faulty, please see our Quality Guarantee section below.
If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel.
However, we reserve the right to refuse a refund or replacement where:
All refunds given will be made by the same payment method you originally used to make payment.
7. Quality Guarantee
As we're so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty or that you don't enjoy, subject to the following conditions:
If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively if you prefer we will refund you an amount equal to the value of the bottle. We ask you to provide evidence of the fault by calling our Sales Department on 0161 706 0942’ Subject to verification, we will pay for return of unopened bottles in their original packaging or arrange a partial refund equivalent to the value of the returned wine.
We would like you to enjoy these wines but if you suspect that they may be faulty please contact our Sales Department using one of the methods in the “Contact Us” section below and one we will be more than happy to assist.
This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Sales Department using one of the methods in the “Contact Us” section below.
8. Security
All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.
If you have any questions about any aspect of site security please contact us at: [email protected].
9. Re-Sale (retail customers only)
Wines purchased from us other than those purchased using the Trade Tab on the www.clearwine.co.uk website are for the customer's own use only (which may include their use as gifts for third parties). Wines other than the aforementioned may not be re-sold or otherwise used for commercial purposes.
10. Age Restrictions
It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Clear Wine Co is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.
11. Liability
Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.
You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.
Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost 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 are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
a) Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
b) Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
c) Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or that of our contractors or one of our products being faulty or defective.
d) Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.
12. Risks, warnings and storage conditions
You should be aware of the following inherent risks and warnings in respect of our products:
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. The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.
13. Contact us
If you have any questions regarding orders or any general enquiries you can get in touch by any of these ways:
a) Entering the relevant details on the “Contact Us” page
b) Emailing [email protected]
c) Calling our Sales Department Line on 0161 706 0942
d) Writing to us at: The Clear Wine Company Ltd, 292 Longhurst Lane, Mellor, Stockport, Cheshire SK6 5PP
14. Use of the Website
To comply with licensing and other legislation, the Website is only available to those aged 18 years and over. By using the Website, you agree that you are aged 18 or over. If you are not, you must not use the Website.
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
15. Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Clear Wine logo) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Website including content published on the Website such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Website for the sole purpose of placing an order with us or using the Website as a shopping resource.
16. Privacy and data protection
We process information about you in accordance with our Privacy Policy. By using the Website you consent to such processing and you warrant that all data provided by you is accurate.
17. General Liability
We have taken all reasonable care in the preparation of the content of the Website. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Website or its content (including, without limitation, its accuracy or any views or comments made). Access to and use of the Website and content on the Website is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Website.
We expressly exclude, to the fullest extent permitted by law, all liability of The Clear Wine Company Ltd, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
All content, text and graphics on the Website, unless specified, are directed solely at those who access the Website from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Website by individuals who access the Website from other locations.
Information transmitted via the Website will pass over public telecommunication networks. We make no representation or warranty that the operation of the Website will be uninterrupted or error free and we will not be liable to you if for any reason the Website are unavailable at any time or for any period or if there are any errors.
The Website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
This section does not:
a) Apply to our obligations under the Terms of Sale - please see the "Liability" section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or
b) Affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Website). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
18. Termination
We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website and/or your account with us with immediate effect if you breach any of these Terms.
General
19. Amendments to these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Website. By continuing to use the Website or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.
20. Other important terms
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.
Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.
These Terms, and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
Last updated: November 2020
Please read these Terms carefully before using the website or purchasing products from us and print and keep a copy of them for your reference. We may change the content of the website from time to time, including the terms of use. By using the website (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access the website or place an order with us.
1. About us
In these Terms, references to “we” or “us” are to The Clear Wine Company Limited (trading as Clear Wine Co), a company incorporated in England and Wales (registered number 11172101) whose registered office is at 292 Longhurst Lane, Mellor, Stockport, Cheshire SK6 5PP. Our registered VAT number is GB 294570080.
Terms of Sale
2. Contract creation
The placing of an order anywhere on our website does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the dispatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Clear Wine Co nor at the point when you receive an email from Clear Wine Co acknowledging receipt of your order.
Non-acceptance of an order may be a result of one of the following
a) The product(s) you ordered being unavailable from stock
b) Our inability to obtain authorisation for your payment
c) Our inability to verify that you are aged over 18 years
d) The identification of a pricing or product description error
3. Prices
All prices are quoted in UK pounds (GBP), and may be per bottle or per case, as marked. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.
Although we endeavour to ensure that all pricing information on our website is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.
We reserve the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions.
4. Availability
All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.
5. Delivery
We deliver throughout the UK except for the Channel Islands and BFPO addresses. Our delivery times are within four working days from placing an order for mainland UK. For further details of delivery options and prices for delivery please go to the Delivery Information section of our Website. Details of options available will also be provided at the time of placing your order. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.
Our deliveries are made by third party carrier APC. If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.
Free delivery applies within the UK when your purchase exceeds 2 x 12-bottle cases or equivalent in a single order and is for our standard delivery service to a single UK address only.
6. Cancellations, Replacements and Refunds
If you buy any of our wines and it is faulty, please see our Quality Guarantee section below.
If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs within 14 calendar days after the day on which you tell us that you wish to cancel.
However, we reserve the right to refuse a refund or replacement where:
- The wine has been in the recipient’s possession for more than 14 days
- The wine has been discarded
- The wine has not been stored correctly
- The cork breaks on opening and there is no fault with the wine itself
- There is a sediment present and there is no fault with the wine itself
- The wine is not to the recipient’s liking and there is no fault with the wine
- The wine is shipped to an address other than the UK mainland
- The wine, whilst in your possession, is handled in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal).
All refunds given will be made by the same payment method you originally used to make payment.
7. Quality Guarantee
As we're so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty or that you don't enjoy, subject to the following conditions:
If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively if you prefer we will refund you an amount equal to the value of the bottle. We ask you to provide evidence of the fault by calling our Sales Department on 0161 706 0942’ Subject to verification, we will pay for return of unopened bottles in their original packaging or arrange a partial refund equivalent to the value of the returned wine.
We would like you to enjoy these wines but if you suspect that they may be faulty please contact our Sales Department using one of the methods in the “Contact Us” section below and one we will be more than happy to assist.
This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Sales Department using one of the methods in the “Contact Us” section below.
8. Security
All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.
If you have any questions about any aspect of site security please contact us at: [email protected].
9. Re-Sale (retail customers only)
Wines purchased from us other than those purchased using the Trade Tab on the www.clearwine.co.uk website are for the customer's own use only (which may include their use as gifts for third parties). Wines other than the aforementioned may not be re-sold or otherwise used for commercial purposes.
10. Age Restrictions
It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Clear Wine Co is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.
11. Liability
Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.
You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.
Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost 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 are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
a) Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
b) Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
c) Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or that of our contractors or one of our products being faulty or defective.
d) Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.
12. Risks, warnings and storage conditions
You should be aware of the following inherent risks and warnings in respect of our products:
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. The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.
13. Contact us
If you have any questions regarding orders or any general enquiries you can get in touch by any of these ways:
a) Entering the relevant details on the “Contact Us” page
b) Emailing [email protected]
c) Calling our Sales Department Line on 0161 706 0942
d) Writing to us at: The Clear Wine Company Ltd, 292 Longhurst Lane, Mellor, Stockport, Cheshire SK6 5PP
14. Use of the Website
To comply with licensing and other legislation, the Website is only available to those aged 18 years and over. By using the Website, you agree that you are aged 18 or over. If you are not, you must not use the Website.
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
15. Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Clear Wine logo) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Website including content published on the Website such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Website for the sole purpose of placing an order with us or using the Website as a shopping resource.
16. Privacy and data protection
We process information about you in accordance with our Privacy Policy. By using the Website you consent to such processing and you warrant that all data provided by you is accurate.
17. General Liability
We have taken all reasonable care in the preparation of the content of the Website. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Website or its content (including, without limitation, its accuracy or any views or comments made). Access to and use of the Website and content on the Website is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Website.
We expressly exclude, to the fullest extent permitted by law, all liability of The Clear Wine Company Ltd, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
All content, text and graphics on the Website, unless specified, are directed solely at those who access the Website from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Website by individuals who access the Website from other locations.
Information transmitted via the Website will pass over public telecommunication networks. We make no representation or warranty that the operation of the Website will be uninterrupted or error free and we will not be liable to you if for any reason the Website are unavailable at any time or for any period or if there are any errors.
The Website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
This section does not:
a) Apply to our obligations under the Terms of Sale - please see the "Liability" section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or
b) Affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Website). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
18. Termination
We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website and/or your account with us with immediate effect if you breach any of these Terms.
General
19. Amendments to these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Website. By continuing to use the Website or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.
20. Other important terms
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.
Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.
These Terms, and the Privacy Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
Last updated: November 2020