Use of the website
This website is owned and operated by Elizabeth Rose Wines Ltd (“Elizabeth Rose” “Elizabeth Rose Wines”, “we,” “us” or “our”).
By accessing this website, you agree to be bound by these website terms of use (“Terms of Use”). If you do not agree to be bound by these Terms of Use, please do not use or access this website.
References to this website in these terms and conditions apply to this website however you access it, including accessing this website through a version of this website optimised for use on mobile devices.
Contracts for the supply of products formed through our website or as a result of visits made by you are governed by our terms and conditions of sale, as detailed below.
Any questions regarding these Terms of Use or subsequent issues should be directed to our registered office:
Customer Care
Elizabeth Rose Wines Ltd
54 Beeches Close
Saffron Walden
Essex
CB11 4BT
07738362435
VAT Number: GB323202361
General
Please read these Terms of Use carefully and print and keep a copy of them for your reference.
We may change the content of this website from time to time, including our Terms of Use. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the website.
We reserve the right to modify or withdraw, temporarily or permanently this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
Disclaimer of liability
Elizabeth Rose Wines Ltd has taken every care in the preparation of the content of this website. However, to the extent permitted by applicable law, Elizabeth Rose Wines Ltd does not represent or warrant the accuracy or reliability of any of the information or content about any goods (the “Materials”) contained on, this website. Further, no warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of loss or damage arising out of such unavailability.
Access to and use of this website is at the user’s own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the website.
Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
We do not seek to exclude or limit our liability to you for:
– death or personal injury caused by our negligence;
– fraud or fraudulent misrepresentation; or
– any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Except as set out above, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
– any direct losses
– any indirect, special or consequential losses;
– any losses or damages arising out of changes made to the content of this website by unauthorised third parties;
– any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
– loss or damage to your, or any third party’s, data or records; or
– any delay in, or failure of, performance of our obligations under these Terms of Use 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.
If any of the above types of loss are found to be unlawful, void, or for any reason unenforceable by a court, then that type of loss shall be deemed removed from the above and shall not affect the validity and enforceability of the remaining types of loss.
Registering on the website
Customers may register to use the services available from this website. Elizabeth Rose Wines Ltd may decline a registration request at its sole discretion. By registering for the services, you agree that:
– The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
– You will notify us immediately of any changes to the personal information by updating your details within the My Account’ section on the website.
– You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
To comply with licensing and other legislation some services on this website are only available to those aged 18 years and over and we will ask you to enter your date of birth before accessing such services.
Intellectual property
We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights on this website, and in the material published on it. Your use of the website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
Subject to the following paragraph, you may not modify, copy, translate, broadcast, perform, distribute, frame, reproduce, republish, post, transmit or sell any content or intellectual property appearing on this website. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.
You may print or otherwise copy materials published on this website for personal use only, provided that any copy of these materials which you make retains all copyright and other proprietary notices.
If you print off, copy or download any part of this website in breach of these Terms of Use, we reserve the right to suspend or terminate your use of this website immediately and you must, at our option, return or destroy any copies of the materials you have made.
Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Use are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
Please read the terms of the Privacy and Cookies Policy which contains important information about the use of the personal information you provide when using this website and our use of cookies.
Terms of sale
Online shopping – terms of sale
These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which Elizabeth Rose Wines Ltd, a company incorporated in England and Wales (registered number 11959835 with its registered address at 54 Beeches Close, Saffron Walden, Essex, CB11 4BT), provides products to you. Our VAT number is 323202361.
Purchasing products
Your purchase of products which we supply to you through the website is subject to these Terms of Sale. Please read the Terms of Sale carefully before ordering any products through the website, as by ordering any of our products (or services) you agree to be bound by the Terms of Sale. We recommend that you should print a copy of these Terms of Sale for future reference.
Placing an order
Delivery times and options may vary. Provided we have received an accurate physical delivery address from you, we will aim to deliver products to you by the date set out in the acknowledgement of order email we send to you. If the address is incorrect the order may be delayed or may not arrive at all.
Identity of supplier
Unless stated to the contrary on this website, the goods and services supplied in accordance with any contract made though this website are supplied by Elizabeth Rose Wines Ltd.
Contract creation and order process
The technical steps required to create the contract between you and us are as follows:
– You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
– If this is your first purchase on the website you may then create an account with us and log in; if you already have an account with us you may enter your log in details to access your account. You may also proceed as a guest, without logging in, or creating an account.
– You will then be asked to input your shipping and payment details.
– Once you have completed compiling your order you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order. It is your responsibility to ensure that your order is correct before submitting it to us. If you are purchasing products containing alcohol, you will also be asked to enter your date of birth to confirm that you are aged over 18.
– You place the order for your products on this website by pressing the ‘place order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on this website.
– After you have submitted your order to us, we will process the payment details you have given us to take payment for your order
– We will send you an order acknowledgement email detailing the products you have ordered. You should check the order acknowledgement email for accuracy and let us know immediately if there are any errors. That email does not constitute acceptance of your submitted order.
– Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.
Non-acceptance of an order may be a result of one of the following:
– The product you ordered is not available from stock.
– We are unable to obtain authorisation for your payment.
– A price or product description error is identified.
– You do not meet the eligibility to order criteria set out in the Terms of Sale.
If there are any problems with your order, Elizabeth Rose Wines Ltd will contact you.
The contract will be concluded in English.
If you require any information regarding orders you have placed with Elizabeth Rose Wines Ltd, please contact Customer Care by emailing [email protected]
Delivery arrangements
At the point at which you place your order, the full list of delivery options will be shown.
Our deliveries are made by third party carriers. When your order has been despatched, you will receive an email to confirm that your order is on its way.
You should keep your delivery note and all packaging and should notify Customer Care immediately if any of the order is missing or damaged. Where the delivery contains alcoholic merchandise, the delivery driver may ask for appropriate proof of age identification bearing a photograph, date of birth and a holographic mark if they consider that the recipient does not appear to be over the age of 18. Where the delivery cannot be signed for by a person over the age of 18 or where the delivery driver is not satisfied that the person has been able to provide acceptable proof of age identification then the delivery will not be made and a card will be left with instructions on how to arrange re-delivery.
General payment provisions
Any of the following cards may be used to pay for your shopping: Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit, American Express.
You are entitled to cancel a payment, or have such sums re-credited to your payment card where fraudulent use of your payment card has been made by another person not acting on your behalf.
For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card or our third party validation service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the products which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties (including credit reference and fraud detection agencies) from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the products, validate your payment card and obtain authorisations for your payments for products.
Product information
Elizabeth Rose Wines Ltd has produced product information on this website for the general information of the public. It contains information gathered from various sources and, although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation nor gives any warranty or undertaking express or implied as to the accuracy or completeness of the information.
General pricing policy
Prices include the prevailing VAT rate and exclude delivery cost unless otherwise stated. If a delivery charge applies to your order you will be notified both during the ordering process online and again in the acknowledgement of order email we send to you. Prices, offers and products are subject to availability and may change at any time prior to our despatching your order and taking payment from you. Offers and promotions which may be made available through the website from time to time may also have specific terms and conditions which apply. You will need to read and accept these before proceeding with the offer or promotion.
Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
Notice of such cancellation may be given by contacting our Customer Care team on [email protected]
If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Alcoholic merchandise
The website sells products containing intoxicating liquor. For clarity, a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels, closures and alcohol by volume may vary.
Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £1,000, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000.
Pursuant to the Licensing Scotland Act 2005 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £200, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000 and or 3 months imprisonment. Elizabeth Rose Wines Ltd is committed to upholding both its legal and social obligations as a retailer of intoxicating liquor. To achieve this, we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed and requirements for age identification on delivery where the recipient appears to be under the age of 18).
In accepting these Terms and Conditions you agree to provide Waitrose & Partners truthful and accurate information and act in accordance with the Licensing Act of 2003 or where applicable the Licensing Scotland Act 2005.
Returns
We’ve made returns as easy as possible for you. You may return or exchange products, within 28 days of the despatch date. Products must be returned in their original packaging. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To return products, please contact our Customer Care team as described in the “Cancellation Rights” section above. Our Customer Care team will arrange for a third party carrier to collect the products.
If an exchange is required, we will refund the original item(s), giving you the option to buy an alternative in the branch or place a new order online.
Refunds
On cancellation or return of products, we will make a refund to you of the full value of the payment made to us, excluding delivery charges, where applicable. A refund of the original delivery charge will be given (if applicable) in the instance of incorrect, damaged or faulty goods or if your order is cancelled within 7 (seven) working days from the day after which you have received the goods .
Where you paid for products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited. Where you paid for products using gift vouchers, refunds will be made in gift vouchers of equivalent value. Where you part-paid for products using gift vouchers and the remainder by payment card, the amount charged to your payment card will be re-credited to your payment card account and the amount paid in gift vouchers refunded by gift vouchers of equivalent value.
All refunds will be made within 30 working days either:
– (where products have not yet been shipped to you) of our confirmation in writing to you that your order has been cancelled; or
– (where products have been shipped to you) of receipt of the returned products by us.
Damaged goods
Please check your delivery as soon as possible after it arrives. In the unlikely event your delivery has arrived damaged please contact Customer Care on [email protected]
Liability for products delivered
As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms of Sale will affect these legal rights.
Please note that 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 your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
Vintage
We take every effort to to ensure the vintage information is displayed on site as accurately as possible by regularly checking our stock and making updates, however changes can occur at any time as stock is constantly refreshed, which may result in a different vintage being supplied.
Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale 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.
We do not exclude or limit in any way our liability for:
– death or personal injury caused by our negligence;
– fraud or fraudulent misrepresentation;
– any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982;
– any liability arising under the Consumer Protection Act 1987; or
– any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Except as set out above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
– loss of income or revenue;
– loss of business;
– loss of profits or contracts; or
– loss of anticipated savings,
provided that this shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above.
Alternative Dispute Resolution
If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, then you can access the Online Dispute Resolution platform by visiting http://ec.europa.eu/consumers/odr/
Notices
All notices given by you to us must be given to Elizabeth Rose Wines Ltd Registered Office, 54 Beeches Close, Saffron Walden, Essex, CB11 4BT or [email protected]. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on this website, 1 (one) working day after an email is sent, or 3 (three) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Miscellaneous
These Terms of Sale set out the whole agreement between us relating to your purchase of products via the website. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the website or any products made available on the website.
If any provision of these Terms of Sale is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
These Terms of Sale are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms of Sale before we take payment from you and despatch your order to you. In the event that there is a change to the policies and/or Terms of Sale, we will notify you of the change by email before despatching your order, asking you to confirm you still wish to proceed with your order. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within 7 (seven) days of the date of our email which notifies you of the change, we will consider this as a withdrawal of your order and we will delete your payment details from our system.
Please read the terms of the Privacy and Cookies Policy above which contains important information about the use of the personal information you provide when using this website.