Terms & Conditions
For all customer service enquiries, please contact us at hello@thewinecaverns.co.uk. Our office is open Monday - Friday, 9am - 5.30pm and we endeavour to respond to all queries within one working day.
TERMS AND CONDITIONS FOR THE SALE OF GOODS
1 About us
- Company details. Vineyard Farms Ltd trading as ‘The Wine Caverns’ is a company registered in England and Wales. Our company registration number is 11384632 and our registered office is at Court Lodge, Luddesdown, Kent, DA130XE. Our main trading address is as above. Our registered VAT number is 265235210. We operate the website www.thewinecaverns.com.
- Contacting us. To contact us by telephone our customer service team at 0330 122 5290 or email hello@thewinecaverns.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2 Our contract with you
- Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
- Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if you are:
- an individual; and
- buying Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- Are you placing your order online or in person? These Terms apply to all orders placed with us. Some terms will be applicable to orders placed online and others to orders placed in our shops.
- Entire agreement. If you are a business customer, the Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Language. These Terms and the Contract are made only in the English language.
- Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3 Placing an order and its acceptance
- If you are a consumer, you confirm you are 18 years of age or over. It is against the law to sell or supply alcohol to anyone under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old.
- Placing your order. If you are placing an order online, please follow the onscreen prompts to do so. If you are ordering in person, please complete an order form. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Acknowledging receipt of your order. If you are placing an order online, after you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.55.
- Accepting your order. Our acceptance of your order takes place:
- (if placed online) when we send you an email confirming that the Goods have been dispatched (Dispatch Confirmation); or
- (if placed in-store) when we write to you to accept it, or we tell you that we are able to provide you with the Goods,
- at which point the Contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to supply you with the Goods for any reason (for example, if the Goods are out of stock or because a credit reference we have obtained for you does not meet our minimum requirements or because we are unable to meet a delivery deadline you have specified), we will inform you of this by email and we will not process your order and will not charge you for the Goods. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- Quotations. Any quotation we give to you for the Goods does not constitute an offer. A quotation will only be valid for a period of [■how many] days from the date we issue it.
4 Our goods
- Goods may vary from their images.
- The images of the Goods on our site or in any of our catalogues are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
- [■Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
- Packaging may vary. The packaging of your Goods may vary from that shown on images on our site.
- Our rights to make changes. [■We reserve the right to change the Goods:
- to reflect changes in relevant laws and regulatory requirements
- to implement minor technical adjustments and improvements, for example changes in label. These changes will not affect your enjoyment of the Goods;
- Changes to packaging and other aesthetic aspects of the products will be notified in advance
- Your rights to make changes. If you wish to make a change to the Goods you have ordered, please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, timing for delivery or anything else which would be necessary as a result of your request and as you to confirm whether you wish to go ahead with the change.
5 Right to cancel if you are a consumer
- Your right to cancel.
- If you are a consumer, the Consumer Contracts Regulations 2013 offer you the cancellation rights set out in this clause 5 when you buy online or by phone.
- You are entitled to cancel your Contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Goods.
- When you do not have a right to cancel. Your right to return or cancel does not apply to the following goods:
- foodstuffs, beverages or other goods intended for current consumption in the household and which we supply on frequent and regular rounds to your residence or workplace
- goods that are made to your bespoke specifications or are clearly personalised
- goods which are liable to deteriorate or expire rapidly and/or
- any goods which become mixed inseparably with other items after their delivery.
- This doesn't affect your statutory rights if the Goods are faulty or not as described.
- Your obligation to take care. If you wish to exercise your right of cancellation, you are obliged to retain possession of the Goods and take reasonable care of them.
- To exercise your right to cancel.
- To exercise the right to cancel, you must inform us of your decision to cancel your Contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by referencing your order number, name, address and email address sending it to hello@thewinecaverns.com on our website www.thewinecaverns.co.uk or by emailing us at hello@thewinecaverns.com or contact our Customer Services team by telephone on 01474 814683 or by post to Kingscote Estate & Vineyard, Vowels Lane, East Grinstead, West Sussex RH19 4LG.
- Returning the Goods and obtaining a refund. If you decide to cancel, you should return the Goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- Deductions we may make from any refund. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any Goods supplied.
6 Delivery, transfer of risk and title
- Delivery date. During the order process we will let you know we will deliver the Goods to you, [■which (if you order online and/or are a consumer)], will be within 30 (thirty) days after the date of Dispatch Confirmation.
- Collection of Goods. If you wish to collect the Goods from our warehouse, please let us know at the time you place your order. You will then be obliged to collect the Goods from our warehouse within 10 days of us telling you that the Goods are ready for collection.
- Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (Events outside our control) for our responsibilities when this happens.
- When you become responsible for the Goods. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us, and the Goods will be your responsibility from that time.
- If you fail to accept delivery or collect the Goods. If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may:
- (if you are a business customer) resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods; and
- (if you are a consumer) we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection, we may end the Contract and clause [9.2] will apply.
- If we fail to deliver the Goods. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- When you own the Goods. You own the Goods once we have received payment in full, including of all applicable delivery charges.
- We may suspend supply if you do not pay. If you do not pay us for the Goods when you are supposed to, and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Goods. We will not suspend delivery of the Goods where you dispute the unpaid invoice. We will not charge you for the Goods during the period for which they are suspended. As well as suspending the delivery of the Goods we can also charge you interest on your overdue payments.
- We may withdraw the Goods. We may write to you to let you know that we are going to stop providing the Goods. We will let you know at least 3 months in advance of our stopping the supply of the Goods and will refund any sums you have paid in advance for Goods which will not be provided.
7 International delivery
- We only deliver to the UK Mainland, outside of this extra charges and taxes may be incurred.
8 Price of goods and delivery charges
- Where to find the price for the Products.
- If you place your order online, the prices of the Goods will be as quoted on our website at the time you submit your order. If you place your order in-store, the price of the Goods will be the price set out in the order (or if no price is quoted, the price set out in our price list in force as at the date of delivery);
- the price of the Goods does not include delivery charges. If you place your order online, our delivery charges are as advised to you during the check-out process, before you confirm your order (and to check relevant delivery charges, please refer to our Delivery Charges page on our website www.thewinecaverns.co.uk. If you place your order in-store, our delivery charges will be as set out in the order (or if no delivery charge is quoted, the price set out in our price list in force as at the date of delivery);
- prices for our Goods may change from time to time, but changes will not affect any order you have already placed; and
- we take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system or published. However, please see clause 8.3 for what happens if we discover an error in the price of Goods you ordered.
- Payment of VAT.
- if you are a consumer, the price of the Goods will be quoted to you inclusive of VAT;
- if you are a business customer, the price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being;
- whether you are a business or consumer, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that:
- where the Goods’ correct price is less than our stated price at your order date, we will charge the lower amount; and
- if the Goods’ correct price is higher than our stated price at your order date, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
- Discount codes will be applicable to certain goods and products on the website. Usage of discount codes may be limited at our discretion. Maison No. 9 wine cannot be purchased in conjunction with any discount code or offers that have been communicated.
9 How to pay.
- How you must pay. You can pay for Goods using a debit card or credit card. We accept all major credit/debit cards.
- When you must pay. You must pay for the Goods (including delivery costs) before we dispatch them. We will not Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.
- We can charge interest if you pay late. If you do not make any payment to us, or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue sum, whether before or after judgment. You must pay us interest together with any overdue amount.
- No right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10 If there is a problem with the Goods
- How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team on 0330 122 5290 or write to us at Court Lodge, Luddesdown, Kent, DA130XE. Alternatively, please speak to one of our staff in-store.
- Your rights in respect of defective Goods if you are a consumer.
- if you are a consumer we are under a legal duty to supply goods that are in conformity with the Contract;
- if you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please call our customer service team on 0330 122 5290 or write to us at hello@thewinecaverns.co.uk or Court Lodge, Luddesdown, Kent, DA130XE or speak to one of our staff in-store for a return label or to arrange collection.
- Your rights in respect of defective Goods if you are a business.
- If you are a business customer, we warrant that on delivery, the Goods shall:
- subject to clause 4, conform in all material respects with their description;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
- Subject to clause 10.3.3, if:
- you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.3.1;
- we are given a reasonable opportunity of examining the Goods; and
- if we ask you to do so, you return the Goods to us at your cost,
- we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.
- We will not be liable for breach of the warranty set out in clause 10.3.1 if:
- you make any further use of the Goods after giving notice to us under clause 10.3.2(a);
- you alter or repair the Goods without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 10.3.1 to the extent set out in clause 10.3.
- The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- These Terms also apply to any replacement Goods supplied by us to you.
11 Our responsibility for loss or damage suffered by you: your attention is particularly drawn to this clause
- If you are a consumer:
- we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process;
- we do not exclude or limit in any way our liability to you 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods;
- we are not liable for business losses. If you are a consumer we only supply the Goods to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 11.2.
- If you are a business:
- nothing in the Contract shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- except as expressly stated in the Contract, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into the Contract by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes;
- subject to clause 11.2.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £20 or 5% of the price of the Goods].
12 Our rights to end the Contract
- We may end the Contract for the reasons stated. We may end the Contract for the supply or delivery of the Goods at any time by writing to you if:
- you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within seven (7)days of us remind you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, your delivery details; and
- you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
- We may end the Contract for these additional reasons if you are a business. In addition, if you are a business customer and without prejudice to clause 12.1, we may also end the Contract for the supply or delivery of the Goods at any time by writing to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- You must compensate us if you break the Contract. If you are a consumer, if we end the Contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for the goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
- You must pay us all outstanding invoices if you are a business customer. If you are a business customer, on termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, we shall submit an invoice, which you shall pay immediately on receipt.
- What happens on termination.
- termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination; and
- any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13 Your rights to end the Contract
- You can always end the contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with the Goods, and when you decide to end the Contract:
- if the Goods are faulty or mis-described you may have a legal right to end the Contract, to have the Goods replaced or to get some or all of your money back, see clause 10.2 if you are a consumer and clause 10.3 if you are a business;
- if you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2;
- if you are a consumer and have just changed your mind about the Goods, see clause 5; and
- in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 13.3.
- What happens if you have good reason for ending the Contract. If you are ending the Contract for a reason set out in clauses 13.2.1 to 13.2.4, the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Goods which you do not agree to (see clause 4.3.3);
- we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the Goods may be significantly delayed because of an Event Outside Our Control; or
- you have a legal right to end the Contract because of something we have done wrong.
- What happens if you end the Contract without a good reason. If you want to end the Contract before it has been completed, and clauses 13.2 and 5 do not apply, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract . The contract will not end until 1 calendar month] after the day on which you contact us. We will refund any advance payment you have made for Goods which will not be provided to you. For example, if you tell us you want to end the Contract on 4 February we will continue to supply the Goods until 3 March. We will only charge you for supplying the Goods up to 3 March and will refund any sums you have paid in advance for the supply of the Goods after 3 March. Note, please let me know which option is required (this will be depend on whether contracts are ongoing and whether you will only permit termination on notice, with payment for the notice period.
14 Events outside our control
- We are not liable for 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 the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- What happens if there is an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Your right to cancel if there is an Event Outside Our Control. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than [■30] days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15 How we may use your personal information
- Privacy Policy. We will only use your personal information as set out in our privacy policy.
16 Communications between us
- What is meant by “in writing”. When we refer to “in writing” in Contract, this includes email.
- How to give notice. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
- When is notice deemed to have been received. A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
- When these provisions do not apply. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17 Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
- Changes to the Contract. Any changes to the Contract must be made in writing and signed by you and us (or our respective authorised representatives) in order to be effective.
- Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms
- If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
- Which laws apply to the Contract and where you may bring legal proceedings.
- if you are a consumer, the Contract is governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts; and
- if you are a business customer, any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18 Wine Price Match Guarantee
If you find any of the wine that we sell for sale at a lower price at a UK mainland competitor, either in store or online, you can make a price match request by emailing us at: hello@thewinecaverns.co.uk
Please make sure that you attach proof (such as a link to the competitor’s website) which confirms that the wine is available at the lower price.
The competitor’s prices need to be publicly available to all customers. For us to verify these prices, they need to be displayed in the competitor’s own shop or on their website, or be the first price quoted to our price monitoring team over the telephone. The price must apply to the identical wine which is sold in identical quantities (for example, single bottles, mixed cases, half cases or full cases).
We do not consider specially promoted or temporarily discounted prices, including any publicly-available voucher codes that are published alongside the identical wine at the point of purchase, or on the competitor’s website. We do not consider special prices that are only available to certain customers, for example negotiated prices or prices for groups such as account holders, reward card or club members. We do not consider prices that are only available through third-party websites, or with voucher codes issued to individual customers or groups.
If you are eligible for a discount as a result of a valid price match request made in accordance with the above then this will be emailed to you.
19 Mobile Terms of Service
The The Wine Caverns mobile message service (the "Service") is operated by The Wine Caverns (“The Wine Caverns”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to The Wine Caverns’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Wine Caverns through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Wine Caverns. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to WineCaverns or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Wine Caverns mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to WineCaverns or email hello@thewinecaverns.com
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.