Terms and conditions

Website Terms and Conditions of Sale (the “Conditions”)

These Conditions (together with the documents referred to within them) set out the terms and conditions on which we offer to supply to you the wine advertised for sale on our website www.shareacase.com.  Please read these Conditions carefully before ordering any wine.  You should understand that by ordering any of the wine advertised on our website you agree to be bound by these Conditions.
Please click on the button marked "I Accept" at the end of these Conditions if you accept them.  If you refuse to accept these Conditions, you will not be able to order any wine from our Website.  Please print off or store on your computer a copy of these Conditions for future reference.
References in these Conditions to the “Website” refer to the website at www.shareacase.com; to “you” and “your” are to you, the customer; and to “we”, “us” and “our” are to Shareacase.com Limited.

1. INFORMATION ABOUT US

The Website is operated by Shareacase.com Limited. We are a company registered in England and Wales under company number 06507325. Our registered office is situated at 24 Daniel Street, Bath, BA2 6ND. Our VAT number is 928425115.

2. USE OF OUR WEBSITE

Our Website is only intended for use by individuals resident in the United Kingdom. Should you attempt to make an order from a location outside of the UK or for delivery outside of the UK we will not proceed with your order.
Please note that access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control. We will not be liable for any losses that you may suffer if our Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason.
By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition.

3. YOUR STATUS

By placing an order through our Website, you warrant to us that you are legally capable of entering into binding contracts, are 18 years of age or over and are resident in the UK and accessing our Website from the UK.

4. HOW TO ORDER

All orders are subject to a minimum order of a case of 12 bottles of 75cl wine. The case may consist of 12 bottles of the same or mixed wine from our wine list on the Website.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After you have placed an order with us for the purchase of wine, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy wine. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (subject to these Conditions) (the “Order Acceptance”). The contract between us will only be formed when we send to you the Order Acceptance.
The contract between you and us will relate only to the wine which we have accepted in the Order Acceptance. We will not be obliged to supply any other wine which may have been part of your order until the order of such wine has been accepted in a separate Order Acceptance.

6. DELIVERY, RISK AND TITLE

The sale of wine listed on our Website is subject to the availability of that wine. Some wine may go out of stock and we therefore reserve the right to select for you a substitute wine of equal or higher value to the wine you have ordered.
We use every reasonable effort to ensure that the descriptions of the wine are as accurate as possible but give no warranty in respect of the accuracy of this information.
Once you have ordered your wine, it will take approximately two years until the wine is bottled and ready for shipment to the UK. We will notify you as soon as the wine is ready for shipment to the UK and we will use reasonable endeavours to deliver the wine to you within 30 days of receiving full payment in accordance with Condition 9.3.
The delivery charges for the wine are set out on our Website, as amended from time to time.
The wine will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.
Ownership of the wine will only pass to you following delivery, provided we have received full payment of all sums due in respect of the wine, including delivery charges, VAT and duty.

7. STORAGE OF WINE

You may opt for your wine to be held in storage by our storage partner. When we notify you that your wine is ready for shipment to the UK, you will be asked whether you would like the wine to be delivered to your home address or for it to be kept in storage.
The cost of storing wine with our storage partner is as stated on our Website, as amended from time to time. The costs are calculated on an annual basis and will be payable at the beginning of each year.
Should you wish to remove any of your wine from storage at any time, you should contact us in writing or by telephone and we will arrange to deliver the wine to you at the address set out in your order, or such other address as you may provide to us, within 30 days of receipt of such request.
Wine kept in storage will be insured at our estimate of the replacement market value. We accept no liability should our estimate be incorrect.

8. CONTRACT CANCELLATION

We reserve the right to terminate and cancel your contract with us if:
(a) we have insufficient stock to deliver the wine you have ordered;
(b) we do not deliver wines to the geographical location requested in your order; or
(c) one or more of the wines that you ordered was listed at an incorrect price due to an error in the pricing information on the Website.
If we do terminate and cancel your contract with us, we will notify you as soon as possible by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any compensation in respect of this cancellation.

9. PRICE AND PAYMENT

The price of all wines will be as quoted on our Website from time to time, except in cases of obvious error.
Prices are quoted per bottle. The prices quoted on the Website exclude VAT, duty and delivery costs, which will be charged in addition in accordance with Condition 9.3. Prices are subject to currency and market fluctuations, changes in duty and VAT. We reserve the right to change prices at any time, but changes to prices will not affect orders in respect of which we have already sent you an Order Acceptance.
You will be charged for the price of the wine at the time of your order, excluding VAT, duty and delivery charges. VAT, duty and delivery charges will be charged in addition to the price of the wine at the time of shipment of the wine to the UK at the prevailing rates at the time of shipment.
We use Google Secure Checkout for making payment. Payment can be made by all major credit or debit cards.
Our Website contains a large number of wines and it is always possible that, despite our best efforts, some of the wines listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price is less than our stated price, we will charge the lower amount when dispatching the wine to you. If the correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the wine, or cancel your order and notify you of cancellation, and in the case of such cancellation, we will provide you with a refund of the amount already paid for such wine.
We are under no obligation to provide the wine to you at the incorrect (lower) price, even after we have sent you an Order Acceptance.

10. REFUNDS POLICY

You should inspect the wine following delivery and must notify us as soon as possible and in any event within seven (7) days of delivery of any breakages or any inconsistencies between the wine ordered and that delivered.
In respect of returned goods, we reserve the right, at our sole discretion, to replace the damaged wine or refund you in full in respect of the damaged wine (excluding delivery charges).
We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we confirm to you via e-mail that you are entitled to a refund for delivery of wine which is damaged.

11. OUR LIABILITY

Except as set out in Condition 11.3 below, our liability in connection with any wine purchased through our Website is strictly limited to the purchase price of that wine.
All wine should be consumed in accordance with our guidelines and recommendations and wine which is not consumed in accordance with such recommendations is consumed at your risk. Due to the nature of the goods being sold, we cannot give any guarantee as to the quality of any of the wines.
This does not include or limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12. THIRD PARTY WEBSITES

We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our Website, will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES AND COMPLAINTS

All notices given by you to us (including any complaints that you may have) should be sent to Shareacase.com Limited:
By e-mail to: contactus@shareacase.com; or
By post to: Shareacase.com Limited, 24 Daniel Street, Bath, BA2 6ND.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 13.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the contract between you and us, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the contract between you and us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Shareacase.com Limited.

16. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

17. COPYRIGHT IN OUR WEBSITE

The copyright and other intellectual property rights subsisting in the content of our Website is owned by us and our licensors and we expressly reserve all rights in the same. You may print and download extracts from the content of our Website for your own non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

18. WAIVER

If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.

19. SEVERABILITY

If any of these Conditions or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Conditions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

These Conditions, our privacy policy and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.

21. OUR RIGHT TO VARY THESE CONDITIONS

We have the right to revise and amend these Conditions from time to time.
You will be subject to the policies and Conditions in force at the time that you order wine from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven days of receipt by you of the Order Acceptance).

22. LAW AND JURISDICTION

Contracts for the purchase of wine through our Website will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.