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These terms and conditions ("Subscription Terms") apply
to all transactions concluded with you, the customer (unless stated otherwise),
via the website which we, expertwine.com Limited ("Expertwine"), operate from
the URL "www.expertwine.com" ("Website"). In particular they apply when you
take out the Subscription Service (see below). Please read them carefully
before subscribing to our service and print a copy for future reference.
Please also read our Privacy Statement which describes how we use the personal and transactional information you
give us when you subscribe to or use our service.
If taking out the Subscription Service on-line, by
clicking on the "Accept" button when you have completed the Subscription Form
you accept and agree to be bound by these Subscription Terms, the Privacy Statement and the Website Terms which together
shall constitute the entire agreement between us. If you decide to take out the
Subscription Service by post then you also accept and agree to be bound by
these Subscription Terms, Privacy Statement and the Website Terms which
together shall also constitute the entire agreement between us.
NOTHING IN THESE SUBSCRIPTION TERMS AFFECTS YOUR
STATUTORY RIGHTS
1. INTRODUCTION
In return for the payment of a fee (see below)
Expertwine will provide you with an on-line wine information service comprising
the following elements:
- An electronic newsletter, which is accessible via the Website only
and which will be published on average every two to three weeks. This will feature tasting
notes on wines selected by us, editorial content and other ad hoc features. You
will be entitled to no fewer than 18 issues of the newsletter per subscription year, although
Expertwine reserves the right to vary the number and frequency to improve its
service to you to take account of seasonal influences; and
- An email alert service which will provide breaking news such as new
wine releases, retailer special offers, details of our tasting events as and
when appropriate; and
- Access to an archive of newsletters / past tasting notes of up to 12
months. Each month is 28 days.
Together all of the above form the Subscription Service.
We will let you know if we vary this in anyway. The Subscription Service is
taken out on an annual basis via the Website and as detailed below. The
subscription fee of only £30 is payable in advance and lasts for 12
months. Each month is 28 days. 2. ORDERS SUBSCRIBING
You must be aged 18 or over and resident in the United
Kingdom (being the island of Great Britain and Northern Ireland) before you can
subscribe to the Subscriber Service of Expertwine via the Website.
A subscription request to the Subscription Service is
taken out by you completing the Subscription Form. Receipt of your credit card details and debit of payments does not
constitute our acceptance of your subscription request. Our acceptance of your
subscription request takes place when you receive a confirmatory message from
us (which may be my email or post depending on how you have paid) which sets
out your subscription details ("Confirmation") at which point the contract is
made. You should retain a copy of this for your records. We reserve the right
to decline your subscription request for any reason whatsoever. You will also
be issued with a receipt electronically or by post and receive a reminder from
us when 2 weeks before your subscription is due for renewal. 3. PRICES
All prices are in pounds sterling and are expressed
inclusive of Value Added Tax ("VAT") (where applicable) which will be charged
at the current rate. Prices, offers, services and products (to the extent that
we offer any) are subject to availability and we may change them at any time
prior to our acceptance of your order. In the event that our Subscription
Service is listed at an incorrect price due to a typographical error, we will
notify you of the correct price by e-mail and, if we do not hear from you your
Subscription Service will not begin. If payment has been charged for the
purchase we will issue a refund to you.
Alternatively in the event that an incorrect price is
quoted due to a typographical error, we will notify you of the correct price by
e-mail and, if you do accept the corrected price, your subscription will begin
automatically. If payment has been charged for the Subscription Service and you
cancel, we will issue a refund to you. 4. Order Acceptance
Order acceptance and the completion of the contract
between you and us will take place when you receive the Confirmation unless we
have notified you that we do not accept your order or you have cancelled it in
accordance with the instructions in clauses 2 or 5.
If there are any problems with your order, you will be
contacted by Customer Services.
The Subscription Service will commence on the date shown
on the Confirmation and run for one calendar year. Prior to its expiry
Expertwine will notify you of this and how to renew it for another year.
5. PAYMENT
Payments may be made either on-line by supplying your
credit/debit card details in the Subscription Form or by cheque which can be sent by post with a printed off and completed
copy of the Subscription Form. If the latter is the case your Confirmation will
be sent by post and if the former it will be by email.
All requests for the Subscription Service are subject to
authorisation by the issuing card authority. We take precautions to keep the
details of your order and payment secure. Unless we are negligent we will not
be liable to you for any losses caused as a result of unauthorised access to
the personal and transactional information you provide us when taking out our
Subscription Service. By requesting to take out the Subscription Service, you
specifically authorise us to transmit or to obtain information about you from
third parties from time to time, including but not limited to your name,
address, telephone number, debit or credit card details or credit reports, to
authenticate your identity, validate your payment card and obtain
authorisations for your payments for the subscription.
For details of the security measures we employ please
read the Privacy Statement. 6. your right to cancel
You may cancel your subscription request at any stage
before, and up to seven working days after your subscription began by notifying
us in writing (which includes e-mail) at our Contact Details . If you are cancelling because of any problem
with the subscription, please notify us of the problem at the time of
cancellation.
If you cancel prior to the start of the Subscription
Service we will make a refund to you of the full value of the payment made to
us. 7. Privacy
We are committed to protecting your privacy and we
operate a strict privacy policy in accordance with our Privacy Statement. Our Privacy Statement should be read in conjunction with
these Subscription Terms and form part of these terms. 8. Your rights as a consumer
If you are a consumer (i.e. acting in a personal rather
than business capacity) we respect your statutory rights by providing you with
details of the Subscription Service, prices, arrangements for paying,
cancellation of contracts and complaints in these Subscription Terms, the
Subscription Form and the Confirmation.
We will do our best to notify you of any problems with
the Subscription Service as soon as we can. 9. SERVICE AVAILABILITY AND REFUNDS
Where you wish to report a fault in the Subscription
Service, someone from Experwine (or an authorised third party) will need to
carry out an initial verification of the problem over the telephone. Where
possible, Expertwine or such designated contractor will use their reasonable
endeavours to try to correct the fault over the telephone.
If the fault cannot be rectified, and an alternative
service cannot be provided you may cancel the Subscription Service and we will
refund any money paid to us in respect of that subscription for the remainder
of the year.
Where your payment was made by payment card, refunds
will be made by re-crediting your payment card account from which the money was
originally debited.
We will do our best to ensure that all refunds will be
made within 30 working days of our confirmation in writing to you that your
subscription has been cancelled. 10. SECURITY
Expertwine uses worldpay.com Limited ("Worldpay"), one
of the longest established companies in eCommerce world-wide today, to process
confidential credit card information.
Industry standard SSL, Thawte and WorldPay unique
encryption systems provide a secure method for transmitting and storing credit
card information which you send to us via our Website in the course of making
any payments.
This means that any credit card information which you
provide to us is encrypted on your computer, which in turn, by the
establishment if a secure link between your browser and Worldpay, prohibits any
unauthorised third parties gaining access to this information when it is sent
over the internet.
You can find out more detailed information on the
security applied to your credit card transaction here:
www.worldpay.com/uk/index.html
Although Expertwine does not retain any of your
confidential credit card details, our servers are firewalled and secured to
industry standards. 11. LIABILITY
To the fullest extent permitted by law we will not be
liable to you or any third party for any:
- loss of business, loss of revenue, loss of profits, loss of
anticipated savings, wasted expenditure, loss of privacy and/or loss of data;
and/or
- any other loss or damage which does not result directly from the
actions of Expertwine, its sub-contractors or agents;
- and which arises out of or is related to you taking out the
Subscription Service via the Website or otherwise.
In any event our liability to you in connection with any
order will not exceed the total price we have charged for the Subscription.
Nothing in these Subscription Terms excludes or limits our liability for
personal injury to you or death caused by our negligence.
You shall indemnify us against all costs (including
legal costs), claims, damages, demands and expenses arising directly or
indirectly out of any claim by a third party which arises in connection with
your use of the subscription unless it arises solely as a result of our
negligence. 12. THIRD PARTY WEBSITES / EDITORIAL
Expertwine may make references to companies and their
products and services. Expertwine operates independently of such third parties
and therefore, whilst it will do its best to ensure that such information is
up-to-date and accurate, no responsibility can be taken by Expertwine if any
information is incorrect. In the event that you choose to purchase products and
/ or services from third parties or access information from their websites,
please be aware that your agreement for such purchases or use will be with
those third parties and will be subject to separate terms and conditions.
Expertwine shall have no responsibility or liability to you in this respect.
13. INTELLECTUAL PROPERTY
You are responsible for all use made of the Subscription
Service provided to you via the Website. Expertwine will not be responsible for
any infringement of third party intellectual property rights arising from your
use of the Subscription Service and any other offers or goods you may order via
the Website. We draw your attention to all trade mark and copyright notices
which may be present on anything you receive or have access to due to your
taking out a subscription and remind you it is an offence to copy any part or
all of a copyright work (which includes pictures, graphics and / or music)
belonging to another party. 14. FORCE MAJEURE
We shall not be liable to you for any delay in, or
failure of, performance of our obligations under these Subscription Terms
arising from any cause beyond our reasonable control including any of the
following: act of God, governmental act, war, fire, flood, explosion or civil
commotion, failure in information technology or telecommunications services,
failure of a third party (including failure to supply data) and industrial
action. 15. COMPLAINTS PROCEDURE
In the event that we fail in meeting our high standards
of customer services please do not hesitate to contact
customerrelations@expertwine.com or P.O. Box 38588, London SW1W 8XH.
We aim to acknowledge your communication and to start
our investigations within two working days following our receipt of it. We will
do our very best to deal with your complaint as soon as possible and make every
effort to reach a satisfactory conclusion on your behalf in order to retain
your valued custom. 16. use of and access to website
Unless otherwise specified, the information, service and
products on this Website are intended for use by residents of the UK only, and
are not aimed at or intended for use by residents of any other
jurisdiction.
This Website is designed to be accessed through its
principal product home pages and such other pages as we may decide. If you
access the Website through individual pages directly, which are designed for
this purpose, you may not see important information which is relevant to a full
understanding of our products and services.
The contents of this Website do not purport to provide
any financial, investment or professional advice and nothing on the pages of
this Website shall be deemed to constitute the provision of financial,
investment or other professional advice in any way. 17. law and jurisdiction
These Subscription Terms (which incorporate the Website Terms and the Privacy Statement) will be governed by and construed in
accordance with the laws of England. Disputes arising in relation to this
Website shall be subject to the exclusive jurisdiction of the courts of
England.
Certain provisions contained in these Subscription Terms
may be disallowed by the laws of the country from which you are accessing the
Website. If any provision is unenforceable or invalid then the provisions in
clause 19 shall apply. 18. entire agreement
These Subscription Terms (which incorporate the Website Terms and the Privacy Statement) represent the entire understanding relating to
the use of the Website and supersede all other statements, representations or
warranties (whether written, made by e-mail or oral) made by Expertwine.
Nothing in these Subscription Terms shall affect the liability of either party
in respect of any misrepresentation, warranty or condition that it makes
fraudulently. Any rights not expressly granted in these Subscription Terms are
reserved Expertwine. 19. severance
If any provision of these Subscription Terms are found
to be invalid or unenforceable by a court, it will be severed from the rest of
these Subscription Terms which shall remain unaffected. 20. third party rights
A person who is not a party to this contract is not
entitled to enforce any of its terms under the Contracts (Rights of Third
Parties) Act 1999 except where these Subscription Terms expressly provide for
such rights. 21. WAIVER
Any waiver of a breach of these Subscription Terms must
be in writing. 22. HEADINGS
The headings are for convenience only and shall not
affect the interpretation of these Subscription Terms. 23. NOTICES
Any notices given under these Subscription Terms shall
be in writing and sent (a) by first class -pre-paid post to the last known
address of the party or (b) by fax to their last known fax number or (c) by
e-mail to the last notified e-mail address of the party. The notice shall be
deemed serviced (a) two working days after posting or (b) upon receipt of a
successful transmission report or (c) after system confirmation of e-mail
delivery. 24. AMENDMENTS
Expertwine reserves the right to change or amend these
Subscription Terms at any time and without prior notice. 25. FURTHER INFORMATION
If you have any queries regarding these Subscription
Terms or submitting orders via the Website, please contact
customerrelations@expertwine.com.
The Website is operated by and the services available on
the Website are supplied by Expertwine.com Limited, a company registered in
England and Wales under registered number 04018815 and whose registered office
is at 3 Noble Street, London, EC2V 7EE. All communication should be sent to
Expertwine.com Limted, P.O. Box 38588 London SW1W 8XH. |
