1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you via the website www.cluboenologique.com (website).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Club Oenologique Limited a company registered in England and Wales. Our company registration number is 10639796 and our registered office is at 208 Canalot Studios, 222 Kensal Road, London, England, W10 5BN. Our registered VAT number is 853914212.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 8154 6989, emailing us at firstname.lastname@example.org or by writing to us at 208 Canalot Studios, 222 Kensal Road, London, England, W10 5BN.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 You must be over the age of 18. Due to the nature and content of the products sold, you must be over the age of 18 to place an order.
3.2 How we will accept your order. 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.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. 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.
4. Our products
4.1 Type of products. We sell magazines as a one-time purchase option or an annual subscription option.
4.2 You can become a magazine subscriber via our website. You can subscribe to the Club Oenologique magazine (magazine) via the website by selecting this option when you place your order. If you don’t wish to subscribe, you can select the issue(s) you wish to purchase and purchase these as a one-time purchase.
4.3 The magazine subscription is for one year and will auto-renew. If you subscribe to the magazine, you will receive a new issue of the magazine each quarter. Your subscription will auto renew at the end of the first year unless terminated by you in accordance with these terms (please see clause 4.6 below for further information).
4.4 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.5 Product packaging may vary. Where we show the product packaging on the website, the packaging of the product you receive may vary from that shown in images on our website.
4.6 If you purchase a magazine subscription, this will automatically renew at the end of the year, unless you tell us otherwise. At the end of the year, we will notify you by the email address provided when you place your order that your subscription will renew unless you tell us otherwise by contacting us as set out in such email.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 Your rights to end the contract).
6. Our rights to make changes
Minor changes to the products. We may change the product:
6.1 to reflect changes in relevant laws and regulatory requirements; and
6.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Annual price increase.
6.3 We may increase the product price for magazine subscriptions on an annual basis. We will let you know if this is the case when we send you your reminder that your annual subscription will auto-renew. Price increases shall only be applicable to future orders of the magazine subscription (including automatic renewal) and will not apply to magazines not yet delivered under the current order.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website prior to you placing your order. For magazine subscriptions, the cost of all deliveries (and not just the first delivery) will be paid in advance at the point of placing your order.
7.2 When we will provide the products. If the products are a one-time purchase we will contact you with an estimated delivery date once we have accepted your order, which will be within 30 days after the day on which we accept your order. If you have purchased an ongoing subscription to our products, we will communicate to you in writing the estimated date of delivery until either the subscription expires; you end the contract as described in clause 8; or we end the contract by written notice to you as described in clause 10.
7.3 Damage on delivery. Although we use our reasonable endeavours to ensure our products reach you in good condition, some of the products may be heavy and incur unavoidable damage caused by third party handlers during the delivery process. In the event you receive a product that has incurred damage during the delivery process, please notify us immediately using the contact details set out at clause 2.2 above and, where possible, provide photographic evidence of the relevant damage.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.6 When you own the product. You own a product once we have received payment in full.
7.7 If you purchase a subscription, you must tell us if your delivery address has changed. Please contact us using the details at clause 2.2 above to inform us of any change in your delivery address. You must contact us before the next issue of the magazine is despatched. We are not responsible for delivery to an incorrect address which has arisen from your failure to notify us of a change to your address.
8. Your rights to end the contract
8.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.1.1 – 8.1.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.1.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clauses 6.2 and 6.3);
8.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.1.4 you have a legal right to end the contract because of something we have done wrong.
8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.3 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are for regular delivery over a set period (for example the annual magazine subscription). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.4 Where the product is a magazine, you cannot change your mind once the product has been removed from the packaging in which it was delivered to you.
8.5 In addition to the right to change your mind, you may also cancel any subscription ordered by you, even where we are not at fault. A subscription may be cancelled at any time prior to the despatch of the next issue by notifying us in writing, by email or post, using the details set out at clause 2.2 above that you wish to cancel your subscription. If notice is received prior to despatch, we will provide a refund to you in accordance with clause 9.4. If notice is received post-despatch, we may still charge you for the issue that has been despatched (including the delivery costs relating to such issue) but will cancel your subscription with effect from the next issue and a refund will be made (in accordance with clause 9.4) to reflect this.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using the details at clause 2.2 above.
9.2 Returning products after ending the contract. If you are exercising your right to change your mind you must return the products to us within 14 days of telling us you wish to end the contract. You must either post them back to us at Club Oenologique, 208 Canalot Studios, 222 Kensal Road, London, W10 5BN. Please contact us using the details at clause 2.2 above.
9.3 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. For annual magazine subscriptions, we will refund you for the cost of the magazines you have not received.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details set out at clause 2.2 above.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using the details set out at clause 2.2.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. For products ordered outside of the UK, prices will be shown on the website in pound sterling and the Bank of England exchange rate current at the date of you placing your order will be applied at the point of placing your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. Our accepted payment methods are listed on our website. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12.5 Where you purchase a subscription which auto-renews the payment for the next year will automatically be taken from the same credit or debit card used to purchase your previous year’s subscription. If you no longer wish to use this credit or debit card to make payment, you must follow the process in clause 12.6. As set out at clause 6.3, the price of a subscription may be subject to change each year and we will notify you where this is the case.
12.6 You must tell us if your credit or debit card details change. Please inform us, using the contact details at clause 2.2 above, of any change to your payment details. If we are unable to process a payment due to a change in your payment details and you have not notified us of this change, although we will use our reasonable efforts to contact you to let you know, we will not be responsible for any loss suffered by you as a result of this and may cancel the contract in accordance with clause 10.1 above.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, 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, for example, if you discussed it with us during the sales process.
13.2 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 under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
Complete and return this form only if you wish to withdraw from the contract.