Customer Terms & Conditions

FROM OUR CELLAR LIMITED’S CUSTOMER TERMS AND CONDITIONS

These are the terms and conditions (the “Conditions”) to which you have agreed to use our online marketplace at www.fromourcellar.com or www.fromourcellar.co.uk known as ‘From Our Cellar’ (the “Platform”). You should also refer to the terms and conditions of each individual third party seller (the “Seller”) with whom you have placed an order to purchase their product(s) via the Platform (the “Product(s)”). We provide the Platform to you as a means of connecting and facilitating the sale and purchase of Product(s) by virtue of establishing and maintaining the Platform’s functionalities.

1.      THESE TERMS

1.1      What these Conditions cover. These are the Conditions (including our privacy policy (“Privacy Policy”) together with any other documents referred to in these Conditions on which we make use of the Platform available to you whether as a guest or registered user.

1.2     Why you should read them. Please read these Conditions carefully before accessing and utilising the Platform. These terms tell you who we are, how we will provide the Platform to you, how you may change or end a Contract with a Seller, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us to discuss.

2.     INFORMATION ABOUT US AND HOW TO CONTACT US

2.1      Who we are. We are From Our Cellar Limited a company registered in England and Wales. Our company registration number is 13173438 and our registered office is at 89 High Street, Hadleigh, Ipswich, Suffolk, IP7 5EA. Our registered VAT number is 370080328.

2.2      How to contact us. You can contact us by writing to us at hello@fromourcellar.com and postal address at 89 High Street, Hadleigh, Ipswich, Suffolk, IP7 5EA.

2.3      How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when registered as a guest or registered user on the Platform.

2.4      “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.       YOUR USE OF THE PLATFORM

3.1      Your access to the Platform is free of charge and is permitted on a temporary basis. When you place an order to purchase Product(s) from a Seller, you must register as a guest user or registered user. When registering via the Platform, you will provide us with certain information including your email, password, username, name, country of origin and preferred language, including bank account details in order to purchase your Product(s), which will be reviewed and processed in accordance with clause 13 below. When processing your Personal Data (as set out in our Privacy Policy) we will do so in accordance with the terms of our Privacy Policy, a copy of which is available for review on the Platform.

3.2     In this clause 3.2, Restricted Product(s) has the following meaning: any alcoholic or alcoholic-related Products. Given that the Product(s) for sale over the Platform include, Restricted Product(s) your access to the same is only permitted to individuals of legal age, that being at least 18 years of age, in accordance with applicable laws of the United Kingdom. When processing an order through the Platform for Restricted Product(s) you warrant that you are over the age of 18. It is a Seller’s responsibility to verify that you are legally permitted to purchase any Restricted Product(s). The Seller will have sufficient procedures in place to verify that you are aged 18 years or over.

3.3     We reserve the right to amend and/or terminate your access to the Platform at our sole discretion, if necessary, to comply with any applicable law or regulatory requirement or if we believe you are in breach of these Conditions. We may do so without notice to you and without any liability to you.

3.4     You must ensure that all information uploaded when you check-out as a guest user or create a registered user account is true, accurate and complete. You must check all information before making a purchase to order any Product(s) via the Platform. You shall take all reasonable measures to ensure the confidentiality of the access to your account including all usernames and passwords assigned to you on the Platform, and shall be responsible for all activities undertaken through your account. We shall in no circumstances be liable for any loss of your Personal Data or due to any third-party access obtained to your account with or without your permission.

3.5      We will explore and propose new technology, management and operational developments, improvements and trends which may improve the standard of performance of the Platform or the effectiveness of its advertising and marketing strategies. We will use our reasonable care and skill to ensure the Platform can be provided without any interruption or delay, however your use of the same is dependent upon you having a sufficient internet connection.

3.6     From time to time, we may undertake updates on the Platform and your access to the same may be temporarily delayed or suspended due to scheduled maintenance upgrades and improvements undertaken to the Platform by us.

3.7     We reserve the right to update, change or remove contents and features contained within the Platform from time to time including removing any Product(s) listed for sale on the Platform that do not meet our eligibility requirements. It is your responsibility to check the Platform periodically for such changes. Your continued use of or access to the Platform following the addition of any changes to these Conditions constitutes acceptance of those changes by you.

4.      YOUR PURCHASE OF PRODUCT(S) ON THE PLATFORM

4.1     Your Contract with a Seller. Each order that you place on the Platform shall be an offer by you to purchase the Product(s) from a Seller. Your order shall be accepted when the Seller issues you with an email acknowledgement confirming your order at which point a Contract is formed directly between you and the relevant Seller (the “Contract”).

4.2     If you decide to purchase Product(s) through the Platform a Contract will be formed directly between you and the relevant Seller. We will in no manner be a party to the Contract or have any liability or responsibility to you in respect of the Seller’s compliance with its terms and ability to deliver the Product(s) to you. Such Contract shall comprise of these Conditions and any specific terms and conditions imposed by the Seller and as may be notified to you by the Seller directly.

4.3     You should ensure that you review these Conditions and any email confirmation received in relation to any order processed by you to acquire the Product(s) from a Seller, including any applicable information as listed on the Seller’s Product page on the Platform. You agree to be bound by alll such provisions and in the instance that there is any conflict or inconsistency between these Conditions, any email confirmation for your order or applicable details as listed on the Seller’s Product page, these Conditions shall prevail.

4.4     We in no way warrant that the Product(s) sold by any Seller on the Platform and subsequently purchased by you will be of satisfactory quality or fit for purpose. Further, this and any other warranties (express or implied) are wholly disclaimed by us to the fullest extent as is permitted by law. Please note that this disclaimer does not in any way affect your ability to enforce your statutory rights against the Seller directly. In the instance that you purchase tasting notes or such other literary materials from the Platform that have been produced by a Seller, you hereby acknowledge and accept that such materials are opinion based and no warranty is provided by us as to the accuracy of the materials provided.

4.5     You hereby agree and consent to your Personal Data being shared with a Seller in order to purchase the Product(s) and to enable the Seller to process your order and deliver the Product(s) to you. To purchase a Product you must select the relevant Product and click the “Add to Basket” option. The Product(s) will then be added to your basket and stored there. You can decide to add to, or remove from, your basket as you see fit. Please note that items in your basket are not reserved for you until you order has been finalised and payment processed in accordance with clause 10. In such circumstances, the relevant Seller will process your Personal Data in accordance with our Privacy Policy, a copy of which can be found on the Platform.

5.      YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER

If you wish to make a change to the Product(s) that you have ordered please contact the Seller directly. They will let you know if the change is possible. In the circumstances that you wish to obtain a refund the provisions of clause 7 and clause 8 will apply.

6.    DELIVERY OF THE PRODUCT(S)

The Seller shall have sole responsibility for ensuring the Product(s) ordered by you are delivered in accordance with the agreed timescales as specified by the Seller when you placed your order. Any delivery times quoted are in working days unless otherwise specified.

7.      YOUR RIGHTS TO END THE CONTRACT

7.1     You can always end your Contract with the Seller. Your rights when you end the Contract with a Seller will depend on what you have bought, whether there is anything wrong with it and when you decide to end the Contract. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back). If you have changed your mind about the Product(s) you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions as outlined in clause 8.3.

7.2    Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Product(s) 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 Conditions.

7.3    When you do not have the right to change your mind. Unfortunately you do not have the right to change your mind in the circumstance in which you have ordered perishables or bespoke and/or personalised Product(s) from a Seller and which cannot be resold due to their bespoke or perishable nature including any tasting notes and/or articles purchased from the Platform after you have started to download these. Product(s) such as food items would fall into this category unless the Product(s) in question are faulty. The Seller is required to raise this information to you in the ordering process.

7.4    How long do you have to change your mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives the Product(s). If you order has not been accepted or dispatched by the Seller, we would advise that you contact the Seller directly to let them know that you wish to cancel your order.

7.5    Ending the Contract where there is no right to change your mind. If you wish to return a Product to a Seller outside of the cooling off period referred to in clause 7.4 above, you will need to contact the Seller directly via the Platform using From Our Cellar’s messaging service or any contact details provided by the Seller at the time of placing your order or confirmed to you in an order acknowledgement email.

8.   REFUND

8.1    How will you be refunded. You will be refunded for the price you paid for the Product(s) including delivery costs, by the method you used for payment. However, the Seller may make deductions from the price, as described below. The Seller will process the refund directly to your payment card, in no more than:

(a)    14 days after the day the Product(s) were received by the Seller;

(b)    if earlier, 14 days after the date you provide evidence that you have returned the Product(s) to the Seller; or

(c)    if the Product(s) were not supplied but payment was made for the Product(s) by you to the Seller, 14 days after the day on which you informed the Seller about your decision to cancel your order.

8.2    If you have returned your Product(s) but your refund has not been processed. For confirmation as to whether your returned Product(s) have been received by the Seller you should contact the Seller directly.

8.3    Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)    The Seller may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If the Seller refunds you the price paid for the Product(s) before it is able to inspect the Product(s) and later discovers you have handled them in an unacceptable way, you may be required to pay the Seller an appropriate amount.

(b)    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the Seller will only refund what you would have paid for the cheaper delivery option.

9.      FAULTY PRODUCT(S)

9.1     If there is a problem with the Product(s). If there is a fault with the Product(s) you must contact the Seller directly to discuss return options. You may be required to provide supporting information about the issue and if possible pictures and documentary evidence of the damage to the Product(s) and, if so requested by the Seller, any external packaging.

9.2    Summary of your legal rights. Sellers are under a legal duty to supply Product(s) that are in conformity with these Conditions and our Seller Terms and Conditions, a copy of which can be found on the Platform. See the box below for a summary of your key legal rights in relation to the Product(s) purchased from a Seller. Nothing in these Conditions will affect your statutory legal rights and claims that you may have against the Seller.

    Summary of your key legal rights

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

    In relation to the Product(s), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

    a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

    b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

    c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  Please note however clause 7.3.

    10.  PRICE AND PAYMENT

    10.1     Where to find the price for the Product(s). The price of the Product(s) (which includes VAT) will be the price indicated on the Seller’s Product page on the Platform when you placed your order. This will also detail any applicable delivery charges as notified by the Seller to you.

    10.2    What happens if the Seller has got the price wrong. It is always possible that, despite the Seller’s best efforts, some of the Product(s) they sell may be incorrectly priced. It is the Seller’s responsibility to check prices before accepting your order and the Seller will be responsible for rectifying any error in respect of incorrectly priced Product(s). We have no liability to you in these circumstances. Should you wish to cancel your order, the provisions of clause 7 will apply.

    10.3    When you must pay and how you must pay. All payments made via the Platform will be made through a secure payment gateway. The Platform allows you to make payment via Visa Debit, Visa Credit or MasterCard. In order to process your payment we use a third party payment processor known as Stripe. Your payment will be processed by Stripe, who collect, use and process your information, including payment information, in accordance with their privacy policy a copy of which can be found by accessing their website at: https://stripe.com/gb/privacy.

    10.4    You will be redirected to Stripe’s own server when you process your payment and completion of your order will be subject to your agreement to Stripe’s terms and conditions. We do store your banking information on the Platform to enable Stripe to facilitate and process payments through the Platform, such information will be held by us in accordance with our Privacy Policy. A separate contractual relationship is therefore created between you and Stripe and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by Stripe.

    10.5    You accept that some banking institutes may charge you an additional fee for certain transactions (for example, international transactions).

    11.   INTELLECTUAL PROPERTY RIGHTS

    You acknowledge that all intellectual property rights in the Platform and the From Our Cellar name, logo and branding are owned entirely by us, or our licensors (as appropriate), and you shall have no rights in or to the Platform or the From Our Cellar name, logo and branding. You must not extract or otherwise use any of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

    12.     OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    12.1     We are not responsible for any loss incurred in relation to your use of the Platform. To the fullest extent as may be permitted by law, we disclaim responsibility for any harm resulting from your use of any part of the Platform. Your use of the Platform is solely at your own risk and you are responsible for any damage incurred to your computer and/or hardware system from using the Platform.

    12.2    We are not liable to you or any user for any use or misuse of the Platform. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if we have been advised of the possibility of such damages); and (c) applies whether damages arise from use or misuse of and reliance on the Platform, from inability to use the Platform, or from the interruption, suspension or termination of the Platform (including any damages incurred by third parties).

    12.3    You hereby acknowledge and accept that your use of the Platform is dependent upon you having access to the internet. It is your responsibility to ensure that you have an adequate internet connection, and we accept no liability for your inability to access the Platform due to a poor and/or lack of internet connection or any other problems inherent with the use of the internet and electronic communications. We have no responsibility to you for the provision, support and maintenance of any of your hardware or software used to provide you with access to the internet or the Platform, or any related hardware or software (including an IP router, proxy server, firewall or anti-virus software), the responsibility for which will remain exclusively with you.

    12.4    We in no way guarantee that your use of the Platform will be uninterrupted or that such use will meet your desired requirements or expectations.

    12.5    We do not exclude or limit in any way our liability to you in respect of your use of the Platform 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 or for fraud or fraudulent misrepresentation.

    13.   HOW WE MAY USE YOUR PERSONAL INFORMATION.

    We will only use your personal information as set out in our Privacy Policy, a copy of which can be found on the Platform.

    14.   VIRUSES, HACKING AND OTHER OFFENCES ON THE PLATFORM

    You must not misuse our Platform by introducing viruses, trojans, worms, or other material which is malicious or technologically harmful and you must not attempt to gain unauthorised access to the Platform or the server on which our Platform is stored or any computer or database connected to it. By breaching this clause 14, you would commit a criminal offence. Your use of the Platform would be immediately terminated and we will co-operate with relevant authorities by disclosing your identity to them to invest the offence further.

    15.     OTHER IMPORTANT TERMS

    15.1    We may transfer these Conditions to someone else. We may transfer our rights and obligations under these Conditions to another organisation. We will always tell you in writing if this happens. You are not permitted to transfer your obligations under these Conditions in any event.

    15.2    Nobody else has any rights under these Conditions. These Conditions regulate the relationship between you and us and your access and use of the Platform. They are between you and us. No other person shall have any rights to enforce any of the Conditions.

    15.3    If a court finds part of these Conditions illegal, the rest will continue in force. Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect and the offending clauses should be deemed modified to the minimum extent necessary to be make them valid, legal and enforceable.

    15.4    Even if we delay in enforcing these Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking these Conditions, 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.

    15.5    If the Seller is delayed in delivering the Product(s) to you by an event outside of its control. Where we are or a Seller is prevented from or delayed in carrying out obligations under these Conditions due to circumstances beyond our/the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic or pandemic, lock-outs, strikes or other labour disputes (whether or not relating to our or the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue. In such circumstances we or the Seller shall have no liability to you for any delay in receiving your Product(s).

    15.6    Which laws apply to these Conditions and where you may bring legal proceedings. 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.