Terms and Conditions

Background:

This agreement applies as between you, the User of this Web Site and Tivoli Wines, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”	means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier”	means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods”	means any products that Tivoli Wines advertises and / or makes available for sale through this Web Site;
“Tivoli Wines”	means Tivoli Wines trading as Tivoli Wines, 56 Andover Road, Cheltenham, Gloucestershire, GL50 2TL;
“Service”	means collectively any online facilities, tools, services or information that Tivoli Wines makes available through the Web Site either now or in the future;
“Payment Information”	means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”	means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”	Means our place(s) of business located at Tivoli Wines, 56 Andover Road, Cheltenham, Gloucestershire, GL50 2TL
“System”	means any online communications infrastructure that Tivoli Wines makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Web Site and is not employed by Tivoli Wines and acting in the course of their employment; and
“Web Site”	means the website that you are currently using https://www.tivoliwines.co.uk/ and any sub-domains of this site e.g. subdomain.https://www.tivoliwines.co.uk/ unless expressly excluded by their own terms and conditions.

Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.
International Customers

If Goods are being ordered from outside Tivoli Wines’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Tivoli Wines is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Tivoli Wines cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Intellectual Property
1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tivoli Wines, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Tivoli Wines.
Third Party Intellectual Property
1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Tivoli Wines or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site (https://www.tivoliwines.co.uk) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Tivoli Wines. To find out more please contact us by email at shop@tivoliwinescheltenham.co.uk.
Use of Communications Facilities
1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
  1. You must not use obscene or vulgar language;
  2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. You must not submit Content that is intended to promote or incite violence;
  4. It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
  5. The means by which you identify yourself must not violate these terms of use or any applicable laws;
  6. You must not impersonate other people, particularly employees and representatives of Tivoli Wines or our affiliates; and
  7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
  8. You acknowledge that Tivoli Wines reserves the right to monitor any and all communications made to us or using our System.
Accounts
1. In order to purchase Goods on this Web Site you can create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
  1. all information you submit is accurate and truthful;
  2. you have permission to submit Payment Information where permission may be required; and
  3. you will keep this information accurate and up-to-date.
  Your creation of an Account is further affirmation of your representation and warranty.
2. It is recommended that you do not share your Account details, particularly your username and password. Tivoli Wines accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Tivoli Wines immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Tivoli Wines accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
4. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
5. You may change your Case Club subscription at any time. Changes must be made at least 7 days before the next scheduled delivery ("run") to avoid being charged for and delivered your next case.
Termination and Cancellation
1. Either Tivoli Wines or you may terminate your Account. If Tivoli Wines terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
2. If Tivoli Wines terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
3. Tivoli Wines reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
4. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
5. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Tivoli Wines correspond to the actual Goods, Tivoli Wines is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
2. Where appropriate, you may be required to select required specifications of the Goods that you are purchasing (e.g. size, model, colour, quantity, etc.).
3. Tivoli Wines does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site, however these may not take into account sales that have taken place during your visit to the website.
4. All pricing information on the Web Site is correct at the time of going online. Tivoli Wines reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every seven days.
5. A discount of 10% is offered on orders of twelve still wines or more, 5% off six still wines or more. Some still wines on special offer are not subject to further discount.
6. In the event that prices are changed during the period between an order being placed for Goods and Tivoli Wines processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
7. All prices on the Web Site do include VAT. Tivoli Wines’s VAT number is 255453890.
8. Products may go out of stock or vintages change at any time. If this occurs after an order is made but before it is fulfilled, we will contact you by phone or email to arrange an alternative or refund.
  
  The prices listed on the website apply only to sales made on the website.
Delivery
1. Tivoli Wines will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
2. If Tivoli Wines receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
3. Free delivery qualifies for orders meeting the minimum order value and within the mainland UK. Non-wine items do not qualify towards the free delivery minimum order value. Should your order change for any reason resulting in the total order value falling below the minimum order value, you may be required to pay an additional fee for delivery.
4. Additional charges may apply to orders outside of mainland UK (e.g. the Scottish Isles, Isle of Wight, Northern Ireland, Scottish Highlands, Channel Islands) or outside the United Kingdom.
5. All goods must be signed for on delivery by an adult aged 18 years or over
6. If our carrier is unable to deliver your order, it will be returned to us and an additional charge may required for redelivery
7. Tivoli Wines, nor its chosen carrier, can be held responsible for the security of your order if specific instructions are left for the carrier in your absence or inability to take delivery
Returns Policy

Tivoli Wines aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
1. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Tivoli Wines is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
2. If any Goods you have purchased have faults when they are delivered to you, you should contact Tivoli Wines within 28 days to arrange collection and return. Tivoli Wines is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
3. Products may be returned or exchanged within 14 days of purchase. Products must remain unopened and in their original packaging. A collection and redelivery charge may be charged and you will be notified of this at the time of return. To return products, please contact us on 01242 269886 or email shop@tivoliwinescheltenham.co.uk for further instructions
4. Wines which are corked, tainted, or otherwise in poor condition will be exchanged or refunded, subject to our assessment of the wine. We will require the wine to be returned with its cap or cork in place and safely secured for its return.
5. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Tivoli Wines within 10 days and arrange collection and return. Tivoli Wines is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
6. You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Tivoli Wines within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Tivoli Wines. You are responsible for paying shipment costs if Goods are returned for this reason.
7. If you wish to return Goods to Tivoli Wines for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
8. Tivoli Wines reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
  1. Any use or enjoyment that you may have already had out of the Goods;
  2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
  3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
  4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
  Such discretion to be exercised only within the confines of the law.
Privacy

Use of the Web Site is also governed by our Privacy & Cookie Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.
Disclaimers
1. Tivoli Wines makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions

Tivoli Wines reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Tivoli Wines is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Tivoli Wines accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
1. To the maximum extent permitted by law, Tivoli Wines accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
2. Nothing in these Terms and Conditions excludes or restricts Tivoli Wines’s liability for death or personal injury resulting from any negligence or fraud on the part of Tivoli Wines.
3. Nothing in these Terms and Conditions excludes or restricts Tivoli Wines’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
4. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to shop@tivoliwinescheltenham.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction

These terms and conditions and the relationship between you and Tivoli Wines shall be governed by and construed in accordance with the Law of England and Wales and Tivoli Wines and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.