Terms Conditions
Terms and Conditions of Shelved Wine
Users of the Services offered by Shelved Wine acknowledge and accept these terms and conditions.
Owner of Shelved Wine and related Services
Shelved Wine LTD
71 – 75 Shelton Street, Covent Garden
London, WC2H 9JQ, United Kingdom
VAT Number: GB 273 3407 11
Incorporation Number: 10621245
info@shelvedwine.com
Information about Shelved Wine
Shelved Wine is an online service for the sale of wine and other alcoholic beverages. Registration In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
Purchase
By placing an order for one of these items you are declaring that you are 18 years of age or over. These items must be used responsibly and appropriately.
Delivery of age restricted items can only be delivered to the address on the shipping label, but this can include the reception of a commercial building. A signature of the recipient will be required upon delivery. Shelved Wine adopts a ‘Challenge 25′ approach to delivery of age restricted products. Photo identification will be required if a person appears under 25, to prove that they are over 18 years old. An age restricted item can be delivered to another adult over the age of18 at the same address. Delivery to a neighbour or nominated safe place location is not available for these items. If an adult over the age 18is not available at the address, or if an adult has not been able to show valid photo identification under the Challenge 25 approach’, the item will be returned to Shelved Wine for re-delivery.
List of acceptable photo identification:
Passport
Driver License
Purchasing process
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance. Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicatedin the order summary. The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Availability of products
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are for representation purposes only and do not constitute a guarantee of the quality of the products.
Order Completion
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Delivery
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
Methods of payment
Shelved Wine uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
When paying via a Stripe account, during the purchase, Shelved Wine will store an identification code assigned to the customer’s PayPal account, therefore authorizing Shelved Wine to an exclusive use linked to future purchases. This means that the repeated insertion of their Stripe access information will no longer be required. This authorization can be revoked at any time upon written request to the Owner using the contact information in this document.
Right of cancellation
In case of purchase of products or services via Shelved Wine the User has the right to terminate the contract without specifying the reason, within 14 days. The cancellation period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of cancellation, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the listed contacts.
Effects of cancellation
Users who correctly cancel a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to cancel the contract subject as provided below. Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until the receipt of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which they have communicated the cancellation from the contract. The deadline is met if the User sends back the goods before the period of 14 days has expired. The costs of returning the goods is to be borne by the User. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. Limitations on the right of cancellation concerning products Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded. The User shall place a copy of the delivery receipt in the package when returning the goods. The right of cancellation does not apply to: goods that were made to the consumer’s specifications or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to be returned for hygienic reasons or are related to health protection and were unsealed after delivery.
The Service is provided “as is”.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
Service interruption
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Shelved Wine and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Shelved Wine or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User; account at any time and without notice.
Privacy Policy
For information about the use of their personal data, Users must refer to the privacy policy of Shelved Wine which is hereby considered to be part of these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos that appear concerning Shelved Wine are, and remain,the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Age eligibility
Users declare to be adult according to their applicable legislation. Users who make apurchase through Shelved Wine, moreover, declare the person who will receive the deliveryof the purchased products to be also adult according to the applicable legislation.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through wilful misconduct or gross negligence, of the activity of Shelved Wine. The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Shelved Wine. Users who continue to use Shelved Wine after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User; rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contacts
All communications relating to Shelved Wine must be sent using the contacts stated in this document. info@shelvedwine.com
Severability
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of- court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.