Terms and Conditions

About us

Terms & Conditions

These terms (“Terms”) apply if you want to purchase products from us or use our website (the “Site”). These Terms should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy.

Please read these Terms carefully before using the Site or purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Site from time to time, including the terms of use. By using the Site (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access these Site or place an order with us.

About us

In these Terms, references to “we” or “us” are to Averys of Bristol Ltd (trading as Averys Wine Merchants and Averys), a company incorporated in England and Wales (registered number 00376920) whose registered office is at 9A Culver Street, Bristol, BS1 5LD. Our registered VAT number is GB 823825133.

Terms of Sale

Contract creation

The placing of an order anywhere on our Site does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Averys Wine Merchants nor at the point when you receive an email from Averys Wine Merchants acknowledging receipt of your order. Non-acceptance of an order may be a result of one of the following:

The product(s) you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
Our inability to verify that you are aged over 18, and/or of the minimum age required within the market the wine is being delivered to.
The identification of a pricing or product description error.
The repeated or fraudulent use of vouchers.
Suspected fraud
Any breach of these Terms and Conditions

We may decline at our entire discretion to fulfil any order or we may limit the number of units of products per customer or order.

Prices

All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices exclude duties, taxes and delivery, unless otherwise specified. These charges are added at checkout according to your delivery location, unless otherwise specified.

Although we endeavour to ensure that all pricing information on our Site is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order. Where a particular wine is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent wines. We reserve the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT, EPR, or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.

Availability

All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage of the same wine or an alternative wine of equal or greater value.

Delivery

We deliver throughout the UK plus a selection of international markets. For further details of these delivery options and prices for delivery please go to the Delivery Information section of our Site. Details of options available will also be provided at the time of placing your order. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances. Our deliveries are made by third party carriers. Some standard deliveries do not require a signature; however, we require that some orders be signed for. If you nobody is home, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.

Cancellations, Replacements and Refunds

If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect the unwanted products and reimburse the appropriate sum paid including delivery costs (up to the amount charged for the least expensive kind of delivery service we offer) within 14 calendar days after the day on which you tell us that you wish to cancel. However, if you handle the products whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the goods. Where we have sold wine in a case, the case must be unopened and intact with all packaging in order for you to cancel the order.

Please let us know if you wish to cancel an order by contacting our Customer Services team using the email address in the “Contact Us” section below. If you are e-mailing us or writing to us please include details of your order and account number to help us identify it.

All refunds given will be made by the same payment method you originally used to make payment.

Security

All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.

If you have any questions about any aspect of site security please contact us at centurion@averyswinecollection.com

Re-Sale

Wines purchased from us are for the customer's own use only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes. If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us on centurion@averyswinecollection.com

Age Restrictions

Under UK law, it is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18. Averys Wine Merchants is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are of legal drinking age in the country the wine is being delivered to. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied, they are not permitted to leave the wine. We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.

Fraud and Crime Prevention

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.

Liability

Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.

You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.

Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost 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. We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.

We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:

your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.

Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud or any other liability which cannot be excluded or limited under applicable law.

Risks, warnings and storage conditions

You should be aware of the following inherent risks and warnings in respect of our products:

Alcohol should be consumed in moderation.
A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
Red wine in particular may cause staining if spilt so extra care should be taken.
Sparkling wines and champagnes can be volatile due to the build up of gasses. Extra care should be taken when opening these.
The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

Contact us

If you have any questions regarding orders or any general enquiries please do let us know by:

Entering the relevant details on the Contact Us page.
Emailing centurion@averyswinecollection.com
Writing to us at: Averys Wine Merchants 9A Culver Street, Bristol, BS1 5LD, United Kingdom

Use of the Site

To comply with licensing and other legislation, the Site is only available to those aged 18 years and over. By using the Site, you agree that you are aged 18 or over, and above the minimum age required to buy alcohol within your country. If you are not, you must not use the Site. We will ask you to enter your date of birth before making any purchases.

You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Site.

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.

Your account

Some areas of the Site may require you to register an account with us in order to use the services or purchase products. By registering you agree that:

The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
You will notify us immediately of any changes to the personal information by updating your details within the “My Details” section within your online account or by contacting us using the contact details below.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.

If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site or your account.

Intellectual Property Rights

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Averys of Bristol trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Permission is granted to electronically copy, and to print in hard copy, portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource. We prohibit all persons from providing hypertext or other links to our Site (other than to our home page) from their website or from a third party's website without our prior written consent

Privacy Policy

We process information about you in accordance with our Privacy Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.

Liability

We have taken all reasonable care in the preparation of the content of the Site. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Site or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Site and content on the Site is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Site.

We expressly exclude, to the fullest extent permitted by law, all liability of Averys of Bristol Ltd, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.

All content, text and graphics on the Site, unless specified, are directed solely at those who access the Site from the United Kingdom (excluding BFPO and the Channel Islands) or specified international markets where delivery is available, as shown in the Delivery Information section of this Site. We make no representation and will not be held liable for any use of the Site by individuals who access the Site from other locations.

Information transmitted via the Site will pass over public telecommunication networks. We make no representation or warranty that the operation of the Site will be uninterrupted or error free and we will not be liable to you if for any reason the Site are unavailable at any time or for any period or if there are any errors.

The Site may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.

Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.

This section does not:

Apply to our obligations under the Terms of Sale - please see the "Liability" section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or
Affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Site). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.

Termination

We reserve the right to suspend your use of the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site and/or your account with us with immediate effect if you breach any of these Terms.

General

Amendments to these Terms

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Site. By continuing to use the Site or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.

Other important terms

These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.

Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.

These Terms, the Privacy Policy and the Cookie Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

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