1 – TERMS FOR ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have not given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account.
Pre-Orders. Once your order is placed, this means your stock is reserved, and you cannot back-out of the pre-order process.
2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Availability – Wine is a finite product and runs out from time to time.
3 – COMPLETENESS AND ACCURACY OF INFORMATION
We are not responsible if the information made available on this site is not complete, accurate or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 – MODIFICATIONS AND PRICES
We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, vintage change, suspension or discontinuance. Prices for our products are subject to change without notice.
5 – PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Policy.
We have made every effort to display as accurately as possible the images of our products that appear online. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
6 – ACCURACY OF BILLING
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Policy.
7 – THIRD-PARTY LINKS
Certain content and products available via our site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8 – USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example review entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
9 – PERSONAL INFORMATION
10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, vintages, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information on the website has been modified or updated.
11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.
12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all 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 Plonk Wines Limited, our directors, officers, employees, 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 website and its services, 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 website or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plonk Wines Limited and our parent, subsidiaries, directors, licensors, service providers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
14 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed per the laws of the United Kingdom.
16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
18 – SHIPPING & DELIVERY
We aim to dispatch all orders within the 1-3-day period unless otherwise specified, orders are delivered between the hours of 8.00 am-18.30 pm. If your delivery is going to take longer, the courier will do it’s best to notify you.
The 1–3-day period begins from the day ordered before 12 pm (weekdays). Once an order has been placed, you will receive an order confirmation to your registered account email.
If you change your delivery address after the order has been placed, without notifying us, the order will go to the delivery address supplied before payment.
We cannot be held responsible for parcels not delivered due to incorrect delivery information given or if the recipient is out or away, or in the unlikely event your parcel is delayed through no fault of our own. If you are not in, you will be re-charged for another delivery. In the very unlikely event that your parcel is not delivered to you, through the fault of the courier, we will need to investigate the reasons this has gone missing when the stock has been returned we can refund you.
If the order ends up at an incorrect address through no fault of your own, insurance will be removed from the collection/delivery of the goods back to the correct address.
SPECIAL DELIVERY INSTRUCTION BOX. Please be aware, if the parcel is left in your requested safe place it is left at your own risk.
If the parcel is returned to us after an attempted delivery you will be contacted about the extra re-delivery price. If the parcel is returned to us, and you wish to cancel the order – you will be refunded the price of the consignment minus any delivery charges.
If any of the products in your order are damaged, missing or incorrect, please notify us within 36 hours.
Free Delivery – For orders over £150:
Customers qualify for Free Delivery when spending over £150 in a single transaction to a single address and are based on our Standard Delivery option.
19 – DRINK AWARE
Please drink responsibly, don’t drink and drive, and please follow recommended guidelines for drinking, which can be found on the Drink Aware charity’s website at http://www.drinkaware.co.uk/tips-and-tools/drink-diary/
20 – CONTACT INFORMATION
If you have questions about our Terms of Service, please contact us here: https://plonkwine.co/contact/