Terms and Conditions

Updated May 12th, 2019

Overview

The short version.

  1. You must be over 18 years old to purchase alcohol from this site. It illegal for us to sell to anyone under that age. By agreeing to our Terms and Conditions when you check out, you are agreeing that you are over 18.
  2. You must agree to the Terms and Conditions set out below.
  3. You buy our wine. We send it to you.

That’s the deal basically!

Shipping is £10 per order. We ship on a Monday for delivery on a Tuesday. To guarantee your order getting shipped on a Monday, place your order before midnight on Sunday!

General Terms and Conditions

These Terms and Conditions (T&C) lays down the terms and conditions for using the VinoSA website (hereinafter: website) https://vinosa.wine  owned and operated by Vino SA Ltd. 15 Alverton Rd, Penzance TR18 2QP UK trading as VinoSA

User means any adult person (over the age of 18), legal person, entity without legal personality or any other organisation which visits the website, registers on the website, creates an account and purchases products or places orders via the website (hereinafter: user).

By using the website, using any of the products offered via the website, placing an order or signing up to the newsletter, the user will accept the T&C and agree to be bound by them. Such acceptance of the T&C shall be accompanied with the user’s commitment to follow up the changes made in the T&C. Minors are not allowed to use the website. If the user fails to accept the T&C, he/she will not be entitled to use either the website or buy the products offered via the website.

VinoSA shall provide the wine (hereinafter: products) selected by the user on the website, while the user shall pay the fee (hereinafter: price) charged for the products. VinoSA shall provide the products in accordance with the features described on the website. As a consideration for the products, the user shall pay the price specified on the website on the date of order placement. The user shall not be obliged to pay any further consideration when there is any price change in the period between the date of order placement and the actual date of the delivery of the products.

The use of the website and/or the products provided by us, simply implies that you have unconditionally accepted these T&C. The simple fact of purchasing said products constitutes complete acceptance of these T&C. You hereby declare and acknowledge that you have read these T&C.
The products are strictly reserved for use by individuals or companies who are legally capable of entering into a contract.

Please read the following terms and conditions carefully before placing an order through this website and clicking on the ‘I accept’ button. By ticking the ‘I have read and agree to the website terms and conditions’ check box and clicking the ‘Place order’ button, you are bound by and have become a party to this agreement. If you do not agree to be bound by the terms and conditions of this agreement, then please do not tick ‘I have read and agree to the website terms and conditions’ or continue to use this website.

VinoSA is committed to complying with applicable laws related to privacy and security. By placing an order through this website, you agree and accept, without limitation or qualification, these terms and conditions, as may be amended from time to time. Please print a copy of these terms and conditions for your records. If you do not agree to these terms and conditions, please do not use this website or place an order.

We reserve the right to amend these T&C at any time. Any such changes will apply to future VinoSA orders after the date on which such amendment goes into effect.

Age Restriction

By placing an order with us for wine, you are confirming that you are 18 years old or older. It is illegal to sell alcohol to anyone under the age of 18, and VinoSA has the right to cancel an order or delete an account if we suspect the account holder to be under age. In the event that wine is purchased as a gift, the recipient will also need to be 18 years or older.

Our products

VinoSA is a UK based online retailer of small parcel and New Wave South African wines. The nature of our business is that we are able to obtain small quantities of South African wine we think is great. Some wine will be ‘on allocation’ and you may see that wine available on other sites. The wines we import ourselves will be exclusive and available on a ‘once it’s gone, it’s gone’ basis. i.e. there will be no more of that wine available anywhere. Once that happens we will replace it on the website. Some are limited to one bottle per order.

Some wines are exclusive to VinoSA and most are only available in limited quantities. Although we have hand-picked the wines for our site and sampled and tasted all wines we sell on the site, we do not accept liability for the condition of the wine in a particular bottle. Individual bottles can mature, improve, and, in some cases, decline in taste at different times.

VinoSA will always make every effort to ensure that orders from the bottle store can be fulfilled. Our online inventory should display the number of bottle of wine available. Nevertheless, there may be instances where we may not be able to provide a product due to two people ordering at the same time. We will always contact you, the customer, about stock issues if it effects one or more or your order with us. We will either offer a replacement product, advise you of when we expect stock to arrive should you wish to postpone your order, or offer a full refund.

Unlike other wine stores, we will not send you a different vintage to the one you ordered.

We make every effort to ensure that the images of our wine bottles are kept up to date on the website. Occasionally, there may be changes in label designs from our vineyards, and we aim to update images as soon as is possible.

Prices

All prices are quoted in pounds sterling and are per bottle. The prices include UK duty and VAT, unless otherwise specified.

Although we make every effort to ensure that all pricing information on our wine store is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this as a withdrawal of your order.

We reserve the right to alter prices without notice in the event of currency fluctuations, changes in the rate of duty, VAT or other taxes. We also reserve the right to terminate any special offer at any time, without notice.

Ordering

When browsing the website at the time of making an order, the user may add – without any obligation as to registration or payment – the preferred Wine Products to his/her cart

The cart contains the wine selected by the user. Its content may be freely amended until the user clicks the “Pay” button. As long as the user does not click the “Pay” button, an order will not be concluded i.e. the parties are not obliged to perform their obligations towards each other and the user may freely decide not to conclude the order. Clicking the “Place order” button is possible only after the user has accepted the general terms and conditions of use and provided the following data:

  • name
  • email address
  • home address
  • phone number

By clicking the ‘Place order’ button, the user will order the wine contained in the cart. The total amount payable by the user can be seen under the cart content.

Payment will be made in the system of payment product providers according to the method selected by the user. VinoSA will not get access to any data given for such purpose. VinoSA shall not be held liable for any error arising in the course of payment.

Following the payment, an order confirmation will be sent promptly, automatically and electronically by VinoSA to the user.

Delivery

We only deliver to the UK mainland. We are not liable for any late or failed deliveries of your wine that are caused by circumstances beyond our control but will investigate any such event if you report it to us.

Delivery for all orders is £10. For orders over £200, please contact us.

To provide the best price for delivery, we ship once a week and deliver on Tuesdays. Our carrier will attempt to deliver twice. If the recipient fails to accept the delivery or to respond to calling cards, the delivery will be returned to us. It is the recipient’s responsibility to communicate to us and/or to our carrier if there are any known issues related to delivery. There may be a charge for re-delivery.

All deliveries must be signed for. All goods should be examined at the time of delivery. Please notify us of any discrepancies, shortages or damage within 48 hours of delivery. Damaged bottles and packaging should be kept for inspection please.

Upon delivery, our couriers may ask for proof of age in the form of appropriate ID. Should they have any doubt of the age of the recipient or the authenticity of the ID, they will not be able to deliver.

This age restriction also applies to any wines purchased as a gift. Both the customer and the recipient must be over 18 years old.

Our couriers employ a ‘Think 25’ policy and may check you for photographic ID before leaving the wine with you. If you have no ID or are under 18 years old, our couriers will not be able to leave the wine with you.

Once the wine has been delivered it is the recipient’s responsibility to look after the goods and abide by UK law

We reserve the right to restrict deliveries or to withdraw services to individual addresses based on exceptional circumstances.

Customers should be aware that:

  1. Alcohol should be consumed in moderation. See Drink Aware.
  2. Cases of wine can be heavy so extra care should be taken, or 1 or 2 bottles of wine transferred at a time.
  3. Red wine may stain if spilt.
  4. Sparkling wines may be volatile due to the build up of gasses and care should be taken when opening these.
  5. Packaging can become damp or damaged and should be checked in advance before lifting or moving.

Quality Guarantee

We are confident about the quality of our wines but we understand that from time to time there could be a technical problem e.g. wine is corked, oxidised or appears unsuitable in condition. There may also be an instance where there has been damage in transit and, as a result, breakages occur. As part of our quality guarantee, we will either replace your wine with a recommended alternative or we will offer a full refund.

Cancelling Orders

If you are a customer and order anything from us you have statutory rights in the United Kingdom to cancel the order and return any goods ordered in exchange for a refund, provided said goods are in the same condition as supplied.

Your statutory right to cancel an order starts the moment you place your order and ends 7 working days from the day after you receive your goods. Confirmation of your cancellation should be in writing and emailed to vinosa@vinosa.wine. We will refund the cost of the original outbound shipment to you. However, at our discretion, we reserve the right to ask you to cover the cost of returning the item.

It would be helpful for us, however, if you could let us know within 24 hours. Although orders are dispatched once a week, they are packed ready for dispatch within 24 hours of the order being received.

You are responsible for ensuring that the goods are received by us and are not damaged in transit. Goods should therefore be securely packaged. We recommend that you return items using recorded delivery for your protection.

Payments Terms

The VinoSA website offers its customers a safe bank card payment solution. Safety is ensured through data separation. Accordingly, our website receives only order-related information from the customer, while we give access only to the card data required for completing the payment transaction on the payment site safeguarded with 128-bit SSL encryption. Only our payment provider will have access to the data content of the payment site but such data content will be unavailable for the website. After payment, the website will inform you about the transaction result.

We use the payment gateway ‘Stripe’ to ensure all transactions on our website are safe and secure. We accept payment from all major debit and credit cards.

All prices are quoted in pounds sterling and are per bottle. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.

Although we make every effort to ensure that all pricing information on our bottle store is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before dispatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this as a withdrawal of your order.

We reserve the right to alter prices without notice in the event of currency fluctuations, changes in the rate of duty, VAT or other taxes. We also reserve the right to terminate any special offer at any time, without notice.

We reserve the right to stop our special offers at any time. Upon the authorisation of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. VinoSA reserves the right to make the use of the payment function of the website dependent on a check of the credit rating of the user.

Contractual Agreement

The placing of an order on our sites does not constitute a contract. The contract between you and us will only be formed on the despatch of the products ordered unless we have notified you that we do not accept your order, or you have cancelled the order in accordance with the instructions set out in the Cancellation section.

Non-acceptance of an order may be a result of one of the following:

  1. The product you ordered is unavailable
  2. We were unable to obtain authorisation for payment
  3. We were unable to verify that you are aged over 18
  4. The identification of a pricing or product description error
  5. The repeated or fraudulent use of vouchers or promotions

You agree to provide current, complete and accurate purchase and account information for all purchases made via our website.

Disclaimer

The user shall keep any registration data (user login and password) secret and not allow third parties access to VinoSA website using his/her registration data. The user shall be accountable for all use of his/her user account on VinoSA website.

  1. The user shall exempt VinoSA from third-party claims based on his/her use of the VinoSA website, unless they are the fault of VinoSA.
  2. You acknowledge that you are entirely responsible for the use of the LOG-IN DETAILS and the website.
  3. VinoSA can in no way be held liable if you forget your LOG-IN DETAILS or if your LOG-IN DETAILS are used by another user without your authorisation or if they are used in an inappropriate manner, and in such circumstances you should immediately inform VinoSA by email to vinosa @ vinosa.wine (omitting the spaces).
  4. You have the right to access, modify, rectify and delete data relating to you in accordance with these terms.
  5. VinoSA may cancel your account, for any reason, including a breach or violation of any term in the T&C or our Privacy Policy.
  6. You acknowledge and agree that VinoSA may send you e-mails related to your account.
  7. You agree not to access, or attempt to access, other user’s accounts and/or data.

VinoSA Rights

  1. We have the right to change or discontinue products for any reason, without notice at any time.
  2. We have the right to deny the sale of products to anyone if we suspect they are under the age of 18.
  3. Spoken or written abuse of any kind (including threats of abuse or retribution) of any VinoSA customer will result in immediate account termination.

Limitation of Liability

Nothing in these terms shall exclude VinoSA liability for personal injury or death caused by its negligence.

We will not be liable for any loss or damage caused by us, our employees or agents in circumstances where:

  • loss or damage was unforeseeable to both parties when the contract was formed
  • loss or damage not caused by any breach on part of the supplier
  • loss of damage related to business and/or non-consumers
  • loss or damage was caused by the customer handling the wine, including theft, spillages or breakages.

Intellectual Property and Trademarks

You agree and recognise that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this website, and to the business of Vino SA Ltd.

The images, logos and texts appearing on the website represent the registered trademarks and copyrighted or other intellectual works belonging to VinoSA, the right holders or the product provider partners. By agreeing to these T&C, the user will not obtain any right for their use.

VinoSA™ small logo

The VinoSA logo is a registered Trade Mark and may not be used without written permission.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our website or service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The products and services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall VinoSA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Third Party Products, Contents And Links To Other website

VinoSA does not assume any responsibility for third party content that may be available through the website, and for content linked to the website or which are linked to from it or referred to. VinoSA does not recommend or endorse such content, and will not have any liability relating to it. Where VinoSA links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the website, please send an email to vinosa@vinosa.wine

Severability

If one or several of the provisions of these T&C are deemed to be invalid or declared to be invalid pursuant to any law, regulation or final judgement of a court which has jurisdiction under this agreement, the other provisions of these T&C will remain in force to their full extent.

If appropriate, VINOSA undertakes to immediately delete and replace such clause by a clause which is legally valid.

Force majeure

In the event we fail to perform any obligation pursuant to this Agreement due to an “act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

Governing Law – Dispute Resolution

These T&C and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of United Kingdom.