Terms And Conditions

Definition of Terms :

“The company” and “The Seller” Means Eden Fine Wines Ltd whose registered offices in the UK are at Unit 7 Scandinavia Court, Chain Bar Road, Cleckheaton BD19 3QW

“Sales Agreement” Means the written confirmation of pricing agreements arrived at whatsoever form these take including emails; price lists and any other form of correspondence. “Invoice” or

“Invoices” Means the written account of the particulars of merchandise shipped or sent to a purchaser, consignee, factor, etc., with the value or prices and charges annexed.

“The Customer” or “The Buyer” Means the person, firm or corporate body together with any subsidiary or associated Company as defined in the Companies Act of 1985 to who Goods are Supplied.

“Goods” Products that are reasonably deemed to satisfy a market need based on stock availability.

“Purchase Order” means any document (including email and online orders placed on Eden Fines Wines website) issued by The Customer or the Buyer seeking to place an order with The Company for goods to be delivered in the future.

“Working Day” Means Monday to Friday unless that day is a statutory holiday in England and Wales in which case, claims should be notified immediately on return to work following the holiday.

“FOB” Means Free On Board Unless the context otherwise requires, references to the singular include the plural. The headings contained in these Terms are for convenience only and do not affect interpretation. This contract for Goods is subject to the definitions above and the terms and conditions that follow and that are expressed in any associated communication between the Company and the Customer. The company agrees to provide Goods in accordance with these terms and the Customer acknowledges that it has read and fully understood these. No variation or alteration of these Terms shall be valid unless such variation is agreed by a Director of authorised office of the Company in writing and stating the date after which such varied terms shall apply. Any email response, online web-based orders or ongoing dialogue following receipt of these Terms and Conditions will be deemed to constitute acceptance of these.

Terms of Payment:

Accounts are to be paid in accordance with the payment terms previously agreed which shall be specified on the invoices and statements unless otherwise specified in writing by Eden Fine Wines and confirmed on the Sales Agreement, Invoices and Statements. If payment is not received within the agreed credit period we reserve the right to charge interest at the rate of 3% above Lloyds Bank’s base rate per month from the date on which payment falls due until the date on which payment is actually received; notwithstanding that such claims to interest and/or to surcharge for non-payment may have been waived by us in the past. Any customer account falling overdue will not qualify for discount relating to the overdue amount and we reserve the right to withdraw in accordance with the notice provided by these Terms and Conditions any discounts that have been allowed if payment is not made in full by the due date. All costs included any legal fees incurred by The Company in collection of amounts due hereunder or in enforcing repossession under Clause 3 will be payable by the Customer. The payment method will be confirmed with the Customer. Any bank charges incurred by us, through cheques or Direct debits not being honoured, for any reason, will be payable by the Customer. We reserve the right to suspend or terminate credit facilities at any time.

Claims:

All Goods should be examined at the time of delivery and any loss or damage signed for accordingly. If examination is impractical at the time of delivery, please sign the delivery note and mark it ‘UNEXAMINED’. In any event The Company must be notified of any discrepancies and/or breakages in deliveries received not later than the day following the Working Day of delivery.

Title of Goods:

The Goods shall remain the property of The Company until payment, including cheques, received are cleared and full payment has been received for them from the buyer. Until such payment is received the Buyer shall hold the Goods on behalf of The Seller and shall store the Goods in such a way, as they are identifiable as the property of The Seller. If the goods are sold before the Seller has been paid in full, the Buyer shall hold the proceeds of the sale on trust for The Seller, and such sale is only authorised by The Seller if it takes place in the ordinary course of the Buyer’s business. In the event of non-payment by the Buyer on the due date, The Seller shall be entitled to enter the premises of the Buyer and take such measures as are reasonably necessary to recover the Goods. The Seller shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the Goods in which title remains vested in the seller. The Seller shall be entitled to seek a court injunction to prevent the Buyer from selling, transferring or otherwise disposing of the Goods.

Shopping at Eden Fine Wines Shop On-Line:

When you order from the Eden Fine Wines website your order will be processed directly by Eden Fine Wines. The supplier of goods and services from this website will be Eden Fine Wines Ltd.

Ordering your wine:

To proceed with an online wine order, you will need to agree to these terms and conditions. You can confirm your agreement by clicking the box at check-out.

Alcoholic beverages can only be purchased by those over 18. By placing an order via our website you are confirming that you are over the age of 18. Upon delivery goods must be signed for by an adult, proof of age may be required.

We reserve the right not to accept any order or to cancel and refund an order at any time.

Availability of stock and vintages:

If The customer’s order includes a wine, which is either out of stock or discontinued The Company will inform The Customer. Similarly, in the event of a vintage being out of stock the next available vintage will be sent unless The Company is instructed to the contrary. 7. Prices: All prices are quoted exclusive of V.A.T and are subject to market fluctuations, alterations in Customs and Excise Duties, and stocks being available. This Company reserves the right to alter any prices or specifications at any time without notice and all Goods are sold subject to prices and conditions ruling at the date of dispatch.

Prices:

While we make every effort to ensure that prices on our website are correct, the occasional error may occur. If an error becomes apparent after you have placed your order, we will either contact you and offer to complete the order at the correct price or cancel your order. We will not be obliged to fulfil your order at the incorrect price. We reserve the right to alter the prices stated on this website at any time. All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices exclude Value Added Tax at 20% and any delivery charges are additional.

Order confirmation:

When an order is placed, you will receive an order confirmation via email immediately upon confirmation.

Your financial details will not be included with the wines when they are delivered, whether they are delivered to billing address or otherwise. If you do not receive a confirmation email, please let us know and we will send one manually. Email: orders@edenfinewines.com

Our delivery service:

We aim to deliver your order within 2 working days. If your order is going to take longer to process, we will contact you directly to let you know. If you have not received your order within 3 working days please contact us at: orders@edenfinewines.com

We only accept orders for delivery to England mainland postcodes. We do not deliver to Scotland, Northern Ireland or internationally.

• Delivery is free on all orders which exceed £300 (ex Vat)
• Delivery on orders to the value of £200 - £299 (ex Vat) will be charged at £10+ Vat
• Delivery on orders to the value of less than £200 (ex Vat) will be charged at £15+ Vat

We use our fleet for all deliveries (with certain exceptions), who require a signature for the delivery from a person over the age of 18. Proof of age may be required.

We shall not be liable for any delay in delivering your wine if that delay or failure is caused by circumstances beyond our control such as; war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, fire, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

Please ensure the correct address is provided and recipients are able to accept deliveries. Refused and failed deliveries will be returned back to Eden Fine Wines at no cost and you we will contact you to arrange redelivery.

Order tracking – You can contact our Sales Office at any time for an ETA on your order and we will furnish you with the latest information we have available.

Our payment methods :

All order will be processed in accordance with the agreed payment terms with Eden Fine Wines.

Goods must be paid for at the time of ordering when either payment terms or credit limits have been exceeded. Payments will be processed by our payment gateway provider Stripe.

You can pay by: Visa, Master card, Google pay, Apple pay. Stripe supports Visa, MasterCard, Apple Pay and Google Pay

Returns and refunds :

You may cancel your order at any time before despatch. To cancel your order please email orders@edenfinewines.com Should you decide to cancel your order; all charges will be refunded to your card as soon as the goods are returned to us in a merchantable condition and in the original box that you received the goods.

Once the goods have been received and checked all refunds will be made within 30 days.

Any breakages or missing wines must be reported within 24 hours of delivery, provided the carrier has been informed at the time of delivery. Cases should be opened and examined on arrival.

In the event of a wine being corked or otherwise faulty we will offer a full refund. We may require the wine to be returned to us for testing and will ensure all costs are credited. We will not give a refund in the event that a wine has been open too long or improperly stored.

The returns and cancellations policies above listed do not affect your statutory rights.

To arrange a return please provide as much information as possible and email to: orders@edenfinewines.com

Our site security:

Data protection law governs the retention and use of personal customer information by Eden Fine Wines. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.

• Eden Fine Wines do NOT store any customer's financial details. Any such data is held in compliance with regulations and we will not pass information to any third party except for delivery purposes.
• Our web platform is powered by Magento 2 and payment service provider are Stripe. Anyone involved with the processing, transmission, or storage of card data must comply with the Payment Card Industry Data Security Standards (PCI DSS). Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry.

For full details of Stripe’s compliance and PCI standards please visit https://stripe.com/docs/security/guide

Occasionally, Eden Fine Wines will e-mail you its newsletter (providing you have given us permission to do so), information about promotions, special offers and other wine related information. At any point you can un-subscribe from e-mail communications from Eden Fine Wines by selecting the “unsubscribe” link found on the bottom of all e-mails.

General Acceptance :

Order acceptance and the completion of the contract between you and us will take place on the despatch of the products ordered, unless we have notified you that we do not accept your order or you have cancelled your order. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.

Warranty:

The Goods covered by these Terms and Conditions comply with the Food and Drugs Act and all other statutory requirements or regulations relating to the sale of goods.

Exclusion of Liability & Force Majeure:

The Company shall be under no liability whatsoever for loss or damage, death or personal injury howsoever arising other than for death or personal injury sustained by any person arising from the negligence of The Company or under the Consumer Protection Act 1987. The Company shall not be liable to The Customer as a result of any delay or failure to perform its obligations to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of The Company which by its nature could not have been foreseen by it or, if it could have been foreseen, was unavoidable.

Insolvency:

The Company or The Customer may immediately terminate trading by written notice if the other becomes insolvent or is deemed to be insolvent within the meaning of section 123 of the Insolvency Act 1986.

Law and Jurisdiction :

These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales. Even if this agreement has been terminated, any clause that is intended to have effect following termination shall survive and continue in effect. Each portion of the agreement, defined by punctuation and paragraphs, is separate, distinct, and severable and to give meaning to the intention of the Parties, the court may modify any portion that may otherwise be void and the remaining sections shall continue in force.

I hereby agree to these terms and conditions and confirm I am an authorised signatory