BURCHELLS’ WINES LIMITED
Terms and Conditions
Please note that this website is solely for the use of persons who
are of or above the legal drinking age. If you are not of the legal drinking
age you should not use this website or place an order with us.
What these terms cover. These are the terms and conditions on which we supply alcohol and
any other goods we may sell from time to time to you.
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.
Are you a business customer or a consumer? In some areas you will have different rights under these terms
depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
specific to consumers only are in red and those specific to businesses only are in blue.
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute
the entire agreement between us in relation to your purchase. You acknowledge
that you have not relied on any statement, promise, representation, assurance
or warranty made or given by or on behalf of us which is not set out in these
terms and that you shall have no claim for innocent or negligent
misrepresentation based on any statement in this Agreement.
Where you are a business customer and you are
purchasing from us for the purposes of resale you warrant that you have been
approved under the Alcohol Wholesaler Registration Scheme.
Who we are. We are Burchells’ Wines Limited a company registered in England and Wales. Our company registration number is and our registered office is at 74 Wimpole Street, London W1G 9RR. Our registered VAT number is 277 4912 66.
How to contact us. You can contact us by telephoning our customer service team at 0203 389 7866 or by writing to us firstname.lastname@example.org or by post at
6 Mackenzie Lodge, 57-59 Maida Vale, London W9 1SD.
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.
“Writing” includes emails. When we use the words “writing” or “written”
in these terms, this includes emails.
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.
Who can place an order with us. We will not accept an order from, sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years of age. We reserve the right to refuse
to accept your order and/or to deliver the products if you appear to be less
than 18 years of age. If we cannot accept your order. If we are unable
to accept your order, we will inform you of this and we will not charge you for
the product(s). 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 a credit reference we have obtained for you does not meet our minimum
requirements, 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. Where an item is out of stock we will endeavour where possible to
offer you a substitution of a similar item of equivalent or higher value.
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.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. At this time delivery is limited to addresses in the mainland UK.
Unfortunately, we do not accept orders from addresses outside the UK. To see
the list of UK postcode zones we deliver to and the cost of delivery please
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 products accurately, we cannot guarantee that a device’s display of
the colours accurately reflects the products. Your product may vary slightly
from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Storage. Unless otherwise stated in writing all sparkling wines and prosecco purchased from us are best drunk within six (6) months of their purchase by you and should be
drunk within one year of purchase to avoid deterioration. Wines should be
stored in a cool dry place to avoid deterioration caused by heat and incorrect
storage. We do not accept any liability for products which deteriorate due to
incorrect storage or the wine not being drunk within one year of its purchase
Prices. Prices are subject to alteration without prior notice. All prices shown are per
bottle and are inclusive of VAT unless otherwise indicated.
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.
Pricing errors. Despite our best efforts to ensure that all prices are correct sometimes an error may occur which results in products being incorrectly priced. If we discover a
pricing error after you have placed your order we will at our discretion either
contact you and ask whether you want to continue with your order at the correct
price or notified you that we have cancelled your order. We will not be
obliged to provide the goods to you at the incorrect price.
Time of payment.
Payment will be taken at the time you press the order confirmation button. If
your order is not accepted by us then we will refund any payment taken.
Failure to make payment. If you fail to make payment for any reason including that your card is declined or your payment does not meet our security checks then your
order will be declined.
7. Your rights to make changes
Unfortunately once you have placed your order we are unable to make any changes to it.
Where there is a delivery cost that cost will be as displayed to you on our
website. Delivery is free for orders of six bottles or more.
When we will provide the products. Our standard delivery is 60 hours (excluding Saturdays, Sundays and public and bank holidays) for confirmed orders received by 1.00pm on a business day.
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. 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.
8.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot].
8.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable
efforts, we are unable to contact you or re-arrange delivery or collection we
may end the contract.
When you become responsible for the goods. The products will be your responsibility from the time we deliver the product to the address you gave us.
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you are a consumer and have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are
within the cooling-off period, but this may be subject to deductions and you
will have to pay the costs of return of any goods. Please contact us to obtain
details of the cost of return using our carrier;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.6.
9.2 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 9.2.1 to 9.2.4 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:
we have told you about an upcoming change to the
product or these terms which you do not agree to;
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;
there is a risk that supply of the products may
be significantly delayed because of events outside our control; or
you have a legal right to end the contract
because of something we have done wrong.
9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products
bought online you have a legal right to change your mind within 14 days and
receive a refund. These rights, under the Consumer Contracts Regulations 2013,
are explained in more detail in these terms.
When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of
products which have been opened or are no longer in perfect condition.
How long do consumers have to change their minds? If you are
a consumer you have 14 days after the day you (or someone you nominate)
receives the goods, unless:
Your goods are split into
several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(b) Your goods are for regular delivery over a set
period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by
you for products not provided but we may deduct from that refund (or, if you
have not made an advance payment, charge you) reasonable compensation for the
net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of
10.1.1 Phone or email. Call customer services on 0203 389 7866 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number
and email address.
10.1.2 Online. Complete the form on our website.
10.1.3 By post. Simply write to us at 6 Mackenzie Lodge, 57-59 Maida Vale, London W9 1SD, including details of what you bought, when you ordered or received it and your name and address.
If you end the contract for any reason after products have been
dispatched to you or you have received them, you must return them to us. You
must either return the goods in person to where you bought them or arrange for
them to be delivered back to us packaged securely having regard to their
breakable nature. Please call customer services on 0203 389 7866 or email us at
firstname.lastname@example.org for a return label or to discuss returns. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed;
10.3.2 if you are ending the contract because we have told you of an
upcoming change to the product or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or because
you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are
collecting the product from you, we will charge you the direct cost to us of
How we will refund you. If you are entitled to a refund under these terms we will refund you
the price you paid for the products including delivery costs, by the method you
used for payment. However, we may make deductions from the price, as described
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If the products are goods and
we have not offered to collect them, 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 clause10.2.
10.6.2 In all other cases, your refund will be made within 14 days of your
telling us you have changed your mind
How to tell us about problems. If you have any questions or
complaints about the product, please contact us. You can telephone our customer
service team at 0203 389 7866 or write to us at email@example.com or at 6 Mackenzie Lodge, 57-59 Maida Vale, London W9 1SD.
If you are a consumer 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 products. Nothing in these terms will affect your legal rights.
Summary of your
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full
up to six years: if your goods do not last a reasonable length of time you may be entitled to
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either arrange their delivery to us or where we agree to do so allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0203 389 7866 or email us at firstname.lastname@example.org for a return label or to arrange collection.
conform in all material respects with their description and any relevant specification;
be free from material defects in design, material and workmanship.
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,
we shall, at our option, replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product’s failure to comply with the warranty in clause12.1 if
the defect arises because you failed to follow our oral or written instructions
as to the storage of the product or (if there are none) good trade practice.
Except as provided in this clause12, we shall have no liability to you in
respect of a product’s failure to comply with the warranty set out in clause12.1.
These terms shall apply to any repaired or replacement products supplied by us under clause12.2.
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
We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause14.
death or personal injury
caused by our negligence, or the negligence of our employees, agents or
subcontractors (as applicable);
fraud or fraudulent
breach of the terms
implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply
of Goods and Services Act 1982; or
defective products under
the Consumer Protection Act 1987; or
any matter in respect of
which it would be unlawful for us to exclude or restrict liability.
Except to the extent
expressly stated in clause12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 14.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to supply the products to you;
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to give you
information about similar products that we provide, but you may stop receiving
this at any time by contacting us.
We may pass your personal information to
credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
We may transfer this Agreement to someone
else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights
to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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.
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.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.