This page provides information about who we are and the legal terms and conditions that may apply to your use of www.thewinearcade.co.uk and any product/s you order from us.
The below terms and conditions are designed for your use in relation to our web-site and any enquiries or purchases you make with The Wine Arcade Ltd your statutory rights are not affected.
The Company
The Wine Arcade Ltd. is a company that sells Wines, Spirits and de-alcoholised drinks. We sell these drinks via the website www.thewinearcade.co.uk. The company is registered in England under company No.12966704 and with our registered office as Worsley Brow, Sutton, St.Helens, Merseyside, WA93EZ.
Company Registration number for England and Wales 12966704
AWRS XSAW 000 0011 5523
Contact can be made by email to: info@thewinearcade.co.uk
Conditions of Sale
These terms and conditions of sale (“Conditions of Sale”) (together with the documents referred and linked to in them) tell you (“you”, “You” or “Your” being a user of the site and/or purchaser of Products) the terms and conditions on which we supply any of the products we sell via our website (“Products”) listed on our website www.thewinearcade.co.uk (our “site”) to you.
We reserve the right to withdraw any Products from the site and may, in our sole discretion, refuse to process an order for any reason at any time. Without prejudice to your statutory rights as a consumer, we will not be liable to you or a third party by reason of us withdrawing any Products or refusing to process any order.
Please read these Conditions of Sale carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these Conditions of Sale. These Conditions of Sale are only available in the English language.
You should print a copy of these Conditions of Sale for future reference.
Please tick the relevant box if you accept these Conditions of Sale. Please understand that if you refuse to accept these Conditions of Sale, you will not be able to order any Products from our site.
Your Status
By placing an order through our site, you promise that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
How the contract is formed between you and us
Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm your order by sending you an e-mail that confirms your order (“Order Confirmation”) and provides you with an order reference number. This number should be retained for future reference. The contract between us will only be formed when we send you the Order Confirmation. The contract will relate only to those products we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order unless and until such products have been confirmed in a separate Order Confirmation.
Any Order Confirmation given is still subject to these Conditions of Sale.
We reserve the right to withdraw any Products from the site and may, in our sole discretion, refuse to process an order for any reason at any time. Without prejudice to your statutory rights as a consumer, we will not be liable to you or a third party by reason of us withdrawing any Products or refusing to process any order.
Ordering
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
When you submit an order to us, you are offering to purchase the products from us at the prices indicated on the website. Our acceptance of your order will take place as described below.
When an order is placed online, we request authorisation for the value of the order through our secure third-party payment provider to ensure that the funds are available for the value of your order. Your payment details will also be checked by our screening service, this is designed to protect the company and the customer from fraudulent activity.
By submitting an order to us through the website and by clicking the Pay Now button, you confirm that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full. It is your responsibility to check the order details and advise of any changes by email or phone before dispatch.
If your order has been dispatched you will be liable for any costs incurred if we need to re-route or return your delivery.
Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive an email from us that confirms that the products have been dispatched.
The contract between us will only be formed when we send you this dispatch confirmation. Once we have sent you this dispatch confirmation, you will not be able to amend your order and any cancellations to your order must be made in accordance with the paragraph titled ‘Returns’ below.
When placing an order with our customer service team it still remains the customers’ responsibility to check the order details and advise of any changes by email or phone before dispatch.
If we are unable to supply you with a product, for example because that product is no longer available, because of an error in the price on the website, we are unable to obtain authorisation or verify your payment, or where you do not accept our terms, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible and in any event within 14 days.
Please note: acceptance by us of a payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed until you receive our order confirmation email and we will not be obliged to supply products to you until then.
If at any point there are any problems with your order, please contact us using the details on our contact us page.
Price and Payment
All prices are quoted in £ sterling and include VAT. Delivery charges apply for products. Except in the case of manifest error, the prices payable for the Products that you order are as set out on the site at the time at which you place your order.
Payment may be made using a wide selection of credit and debit cards. You confirm that the credit/debit card which is being used is yours. Your credit/debit card details will be transmitted via the web to a secure server. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. We reserve the right to refuse credit card payments in our reasonable discretion. We may charge your credit or debit card at any time following submission of your order.
The price of our goods includes VAT (where applicable) at the current applicable rate chargeable in the UK for the time being. Please note that if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT payable by you, unless you have already paid for the Products in full before the change in VAT takes effect
Delivery charges may also be payable on your order depending on delivery location eg. Scottish Highlands, Channel Islands, Northern Island, IOM and these will be added to the price of your order prior to you submitting payment to us. For details of our delivery charges please see our Delivery Page.
Payment for the goods must be made using the secure payment facilities available through the website. We may withhold the goods and/or cancel the contract between us if payment is not received from you in full in cleared funds.
Description of Products
The Products depicted on our site are as seen.
Delivery of your Purchase
Please refer to our Delivery page for specific details on delivery, including any particular restrictions that may apply from time to time. Whilst we will use all reasonable endeavours to ensure that your order is delivered to you within the times stated on our Delivery Information page, our deliveries are carried out by a third party provider and as such this process is largely out of our control. If an event does occur which may affect your delivery and/or is otherwise outside of our control we will attempt to contact you as soon as possible.
We cannot, under any circumstances accept any financial demands for late delivery, incorrect supply of goods, or incorrect delivery.
Please check your order on arrival and check for any signs of damage. In the unlikely event that your order is showing visible signs of damage, please sign the delivery document as ‘DAMAGED’ and contact our sales team within 48 hours to report the damage. We will ask for photographs of all damaged bottles in the packaging so we can assess them. If you have any queries, please email info@thewinearcade.co.uk and we will be able to assist you.
We will deliver the products ordered by you to the address you give for delivery when you make your order.
Delivery charges may apply and will be as set out at the time of your order. If you do not receive your product ordered by you within 5 days of the order placed you must notify us by email at info@thewinearcade.co.uk so we can make good the non-delivery. The Wine Arcade Ltd. shall have no liability to you unless you notify us. Unless you have cancelled your order prior to delivery, you will become the owner of product once they have been delivered to you or the designated collection point. In any case, after delivery they will be held at your own risk and The Wine Arcade Ltd. will not be liable for any loss, damage or destruction to the Products.
Returns
If the product/s you have ordered are damaged, provided that it is in its original condition, you can within 14 days of delivery return it to us for prompt replacement or refund. If you need to return an item, simply email us at info@thewinearcade.co.uk indicating your order reference number, which item(s) and the number of items to be returned, your reason for returning the item, and whether you are seeking a replacement or refund. We also ask you to give us a daytime contact telephone number. If the item is returnable under these Conditions of Sale, we will issue you with a returns address and a Returns Authorisation Code. You must obtain a Returns Authorisation Code before sending anything back to us or we will not otherwise be able to process your Return.
Damaged Goods
If you wish to return the goods to us because they are damaged, you should notify us that the goods are damaged no later than 48 hours after delivery by contacting us using the number or email provided on our contact us page. We may ask you to return the goods to us and if after inspection the goods are found to be damaged, we will provide you with a refund for the cost of arranging such return.
If we are able to replace any faulty items we will endeavour to do so within 48 hours (excluding weekends and Bank Holidays).
Returned Products Lost in Transit
We cannot be held responsible for packages lost in transit: as you are responsible for returning the items to us, we recommend sending the packages by recorded or special delivery.
Refunds and Replacements of Products
For damaged item(s) returned to us within 28 days of delivery with the appropriate Returns Authorisation Code and in accordance with these Conditions of Sale, a refund will be processed by us within 21 days of our receipt of the returned items. A refund will be made in the same form of payment that was used to make the initial purchase.
Liability
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this site and the Products. This does not affect your statutory rights as a consumer.
The Wine Arcade Ltd. maximum liability to you arising by reason of or in connection with the supply of the Products to you shall be limited to the amount paid by you in respect of the Products in question.
The Wine Arcade Ltd. shall not in any event be liable to you for any loss of profits, business or anticipated savings or loss of opportunity (whether direct or indirect) or any indirect loss or consequential loss whatsoever (and howsoever arising) even if it has been advised of the possibility of such loss. This does not affect your statutory rights as a consumer.
Nothing in these conditions of sale shall exclude or limit our liability to you for (i) death or personal injury due to our negligence, (ii) fraud or fraudulent misrepresentation or (iii) for any other liability that cannot be excluded or limited under applicable law.
Privacy
The privacy of your personal information (such as your name, e-mail address, address and other contact details) is important to us. The Wine Arcade Ltd. will supply this information to the company employed to fulfil your order. We may supply your details or email you directly with offers and promotions from selected third parties that we think you’ll enjoy, if you do not want to receive these please tick the relevant boxes under where you submit your personal information.
Force Majeure
The Wine Arcade Ltd. shall have no liability to you for any delay or failure to deliver the Products to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of The Wine Arcade Ltd. including, but not limited to, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lock-out and industrial disputes.
Waiver
If you breach these Conditions of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale. No waiver by us shall be effective unless communicated in writing.
Events outside of our control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under our contract with you that is caused by an Event Outside Our Control.
Time shall not be of the essence. We shall not be liable, or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded, although not exclusively, as causes beyond our control; Act of God, Explosion, Flood, Tempest, Adverse Weather conditions, Fire or Accident, Traffic delays/Road works, War or threat of War, Sabotage, Civil Unrest, Import / Export regulations and embargoes, Fuel availability, Strikes, Industrial action, Raw material availability, Power failure or disruptions and breakdowns in vehicles or machinery.
Our obligations to you 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 the goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Our right to vary these Conditions of Sale
We have the right to revise and amend these Conditions of Sale from time to time including, without limitation, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in the design or composition of Supporter Street tiles, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Conditions of Sale in force at the time that you order Products from us, unless any change to those policies or these terms and 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 terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions of Sale, unless you notify us to the contrary within seven days of receipt by you of the Products).
Entire Agreement
These Conditions of Sale, current Product prices, delivery details and contact details on this site, set out the whole of the agreement between you and The Wine Arcade Ltd.
Governing Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.
Contacting us
You can contact us whether to trace your order or for any other reason by emailing us at info@thewinearcade.co.uk in all instances, please be ready to supply relevant information which The Wine Arcade Ltd. will require from you in order to identify your order.
Email: info@thewinearcade.co.uk
Monday to Friday 9.30am – 17.00pm
Gift E-Voucher Purchases
- Gift E-Vouchers must be redeemed at this website only.
- Gift E-Vouchers cannot be used to pay for gift vouchers.
- Gift E-Vouchers have no cash redemption value and are not transferable or assignable.
- If the order exceeds the amount of the gift E-Vouchers, the balance must be paid by credit or debit card.
- Gift E-Vouchers and unused portions of gift vouchers expire six months from the date of issue, where permissible under applicable law.
- All The Wine Arcade Ltd. Conditions of Sale still apply.
- Gift E-Vouchers cannot be used in conjunction with any other promotion.
- No responsibility will be accepted for lost, stolen, or damaged gift E-Vouchers and such vouchers shall not be refunded
Website Terms of Use
The Website Terms apply to your use of the website www.thewinearcade.co.uk (the “Website”)> and to any order you place on the Website. The Website Terms apply regardless of how you access the Website, including any technologies or devices by which The Wine Arcade Ltd. makes the Website available to you at home, on the move or in store. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website.
All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website.
Use of the Wine Arcade Ltd. Website
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
Ownership of Rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by The Wine Arcade Ltd.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents.
Accuracy of content
To the extent permitted by applicable law, The Wine Arcade Ltd. disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
Damage to your computer or other device
The Wine Arcade Ltd. uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment, including antivirus software, to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law The Wine Arcade Ltd. shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Exclusions of liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
Third party rights
Only you and The Wine Arcade Ltd.
be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Entire Agreement
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
Any matter that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Liability
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Assignment, waiver and third party rights
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Privacy and Cookie Policy
Our Privacy and Cookie Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy and Cookie Policy here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy and Cookie Policy in its entirety.
