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Conditions of Sales

Terms of Use

These terms and conditions were last updated on: 14/02/23

1.1 These terms apply to your use of the Callmewine.co.uk website namely https://www.callmewine.co.uk   

1.2 Please read these terms in conjunction with the Privacy Policy and Cookies Policy for the website which explain you how we use your personal data you provide to us and that we collect.

1.3 By accessing or using the website you confirm you have read, understood and agree to be legally bound by these terms and our Privacy Policy and Cookies Policy in their entirety each time you access the website. Please don’t use the website if you are not agreeing with these terms of use or with our Privacy and/or Cookies Policy.

2. Who is Callmewine.uk

 2.1 This website is operated by Callmewine UK Limited , registered in England & Wales under company number 14216917 and our registered office is at 167-169 Great Portland Street, 5th Floor, London, United Kingdom W1W 5PF. VAT number 429918749.

2.2 To contact us, please email admin@callmewine.co.uk .

3. Use of the website

3.1 You may use this website for lawful purposes only. You must not use the website in any way that breaches any applicable local, national, or international law or regulation or which is in any way unlawful or fraudulent.

3.2 General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force at the date of sending the purchase order.

3.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by persons other than Callmewine.co.uk that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. Callmewine.co.uk is not responsible for the provision of services and/or for the sale of products by such persons or entities. Callmewine.co.uk does not carry out any checks and/or monitoring about their activities. Therefore, Callmewine.co.uk is not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by them.

4. Purchase on site

4.1 By reference to British citizens, sales on the Site are reserved only for those who have reached the age of 18. Buyers who are not British citizens can buy Products on the Site only if they are over 18 years old, if this is provided by their own national law. If no legislation exists in this regard, Buyers must be at least 21 years old. In any case, the user who makes purchases on the Site undertakes to indemnify Callmewine.co.uk from any liability if it has made purchases on the Site without complying with age requirements provided by its national law.

4.2 Callmewine.co.uk reserves the right to refuse or cancel orders that come from (i) a user with whom it has a legal dispute in progress; (ii) a user who has previously violated these General Conditions of Sale and/or the terms of a purchase contract with Callmewine.co.uk; (iii) a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) a user who has issued false, incomplete or inaccurate identification data or who has not promptly sent to Callmewine.co.uk the requested documents under these General Conditions of Sale or who has sent them invalid documents; (v) a user who does not give sufficient guarantees of solvency. In any case, Callmewine.co.uk reserves the right to cancel orders referring to transactions that do not present the highest level of genuineness.

4.3 By regard to purchases on the Site, it could occur that: the purchase process contains one or more material errors; the product sheet, as defined below, contains incorrect information for material errors (e.g.: Product price); because of a material error a Product is indicated as available and instead it is not in the preparation phase of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with Callmewine.co.uk, a different Product, after eventual adjustment of the purchase cost.

4.4 By purchasing a product from Callmewine UK Limited, you represent that you are not purchasing a product with the objective of reselling such product or that you don't have any connections to the HORECA sector. For the avoidance of doubt, HORECA stands for Hotel/Restaurant/Catering and encompasses the entirety of the food service industry.

 

5. REGISTRATION ON SITE

5.1 The purchase of products on the Site is allowed only to registered users.

5.2 Registration credentials must be used exclusively by the user and can’t be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Callmewine.co.uk without delay in case of suspected improper use and/or disclosure of such credentials. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to keep Callmewine.co.uk immune from any damage, liability obligation and/or sanction arising from and/or in any way related to the violation by the user of the rules on registration on the Site or on the maintenance of registration credentials.

5.3 To delete your profile from Callmewine.co.uk, please send us an email to customer@callmewine.co.uk

 

6. EXECUTION OF THE AGREEMENT

6.1 Callmewine.co.uk informs the user that:

  • to purchase one or more products on the Site, the user must complete an order form in electronic format and transmit it to Callmewine.co.uk, electronically, following the instructions that appear on the Site and that accompany the different phases of the purchase;
  • the contract is executed when the order form reaches the Callmewine.co.uk server;
  • once the order form is registered, Callmewine.co.uk will send to the user, via e-mail to the address indicated, the order confirmation, containing information on the characteristics of the product purchased, detailed indication of the price, of the method of payment, of the delivery costs and of any additional costs as well as the Customer Service contacts, which the user can contact to request assistance and/or make complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale and information on the right of withdrawal, as well as the Privacy Policy of Callmewine.co.uk, will be available via link at the bottom of the e-mail confirmation of the product purchased that refer to the relevant pages of the Site.
  • the order form will be stored in the Callmewine.co.uk database for the time necessary to process the order and, in any case, according to the law. To access the personal order form the user can consult his account.

 

7. VALIDITY OF OFFERS AND PRICES

7.1 All prices of the products are expressed in Pound (£) and are inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form before the user proceeds to transmit the order.

7.2 The price of the products may be changed by Callmewine.co.uk at any time, without notice. In any case the price charged to the user is the one published on the Site in the page with detailed description of the product at the moment of order confirmation by the user. Any changes (increasing or decreasing) in price after the order transmission will not be considered.

7.3 On the Site, Products can be offered for sale at discounted prices. In this case, the original price is indicated crossed on the Site and the sale price, that is charged to the client, is indicated next to it and is not crossed.

  7.4 Even if Callmewine try to ensure that all prices and sku information on this website are accurate, occasionally an error may occur and products may be mis-priced. When Callmewine discover an error will contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or cancel your order and notify you. We are not obliged to supply products at the incorrect price or unit size.

8. PURCHASE ORDERS - PRODUCTS INFORMATION

8.1 Callmewine.co.uk will process the purchase order, and then dispatch the purchased product only after receiving confirmation of authorization to the payment of the total amount, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be terminated.

8.2 The products will remain the property of Callmewine.co.uk until payment of the Total Amount Due by the user. The risk of loss or damage to the products, for reasons not attributable to Callmewine.co.uk, will be transferred to the user when the user, or a third party designated by him and different from the carrier, physically come into possession of the products.

8.3 Each product is accompanied by a product sheet. The images and descriptions on the Site reproduce the characteristics of the products as faithfully as possible. Furthermore, the images of the product present in the product sheet may be different for vintage and/or dimensions or in relation to any accessory products. These images must therefore be interpreted as indicative. For the purpose of the purchase contract, the description of the Product contained in the order form transmitted by the user will be considered valid.

8.4 All wines contain sulfites, as the process of wine production itself involves the presence of sulfites. Nevertheless other sulfites can be added in the process of production of wine; in some cases, however, it is possible that there are no "added" sulfites in a given wine.

8.5 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free delivery of the Products.

 

 

9. AVAILABILITY OF PRODUCTS

9.1 The products presented on the Site are limited in number. It may therefore happen, also due to the possibility that several users buy the same product at the same time, that the ordered product is no longer available after the transmission of the purchase order.

9.2 In any case of unavailability of the ordered product, the user will be promptly informed by e-mail or by phone. The user will then be entitled to terminate the contract. If the user makes use of the right of resolution pursuant or in any case in which the payment of the Total Amount Due has already occurred, Callmewine.co.uk will reimburse this amount without undue delay and, in any case, within the maximum period of 15 working days from the date of payment. This amount will normally be credited to the same payment method used by the user for the purchase or the different means agreed between the user and Callmewine.co.uk. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution adopted.

9.3 In the case of orders relating to multiple products (Multiple Order), if the unavailability occurs only for some products object of the multiple order, Callmewine.co.uk will immediately notify the user of such fact by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product (s) that has become unavailable. If the user makes use of the right to terminate in relation to the product/s that has become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Callmewine.co.uk will refund the amount due in relation to such product (s), including delivery costs and any other additional costs due in connection with these Products (Due Partial Amount) without undue delay and, in any case, within the maximum period of 15 working days from the moment of sending the order. The refund amount will be communicated to the user by e-mail or telephone. This amount will be credited through the same payment method used by the user for the purchase or via the means eventually agreed between the parties. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution adopted. The resolution of the whole multiple order will be possible only in the case of evident and proven ancillary nature of the products object of the multiple order that become unavailable compared to the other products object of the multiple order that are available.

 

10. DELIVERY OF PURCHASED PRODUCTS

10.1 The amount of delivery costs due by the user in relation to a specific order, is expressly and separately indicated (in Pound and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to the transmission of the same. In the event of failure to indicate a specific delivery date, it shall in any case take place within thirty days from the date of conclusion of the contract.

10.2 The delivery obligation is fulfilled at the moment of transferring the material availability or otherwise by the control of the products to the user. It is up to the user to check the conditions of the product that has been delivered to him/her or that he/she has withdrawn. Notwithstanding that the risk of loss or damage of the Products, for reasons not attributable to Callmewine.co.uk, is transferred to the user when the user, or a third party designated and different from the carrier, physically comes into possession of the product, is recommended that the user checks the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, also regarding packaging materials like tapes and the user is invited, in his interest, to indicate on the carrier's transport document any anomalies, accepting the package "with RESERVE" (user must write "Reserve" and the reason of it). The receipt of the Products without express "Reserve" written, in fact, does not allow the user to take legal action against the courier and/or Callmewine.co.uk, in the event of loss or damage of the products, except in the event that the loss or damage is due to fraud or gross negligence of the courier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it becomes known and no later than eight days after receipt. If the package shows evident signs of tampering or alteration, it is also recommended that the user promptly notifies Callmewine.co.uk Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

10.3 If the product is not delivered or is delivered late as compared to the delivery terms indicated during the purchase process and in the order confirmation, Callmewine.co.uk will refund the amount due in relation to such product (s), including delivery costs and any other additional costs due in connection with these Products (Due Partial Amount) without undue delay and, in any case, within the maximum period of 15 working days from the moment of sending the order. The refund amount will be communicated to the user by e-mail or telephone. This amount will be credited through the same payment method used by the user for the purchase or via the means eventually agreed between the parties

10.4 The shipments of orders placed on the Callmewineco.uk site will be possible only in UK.

 

 

11. METHODS OF PAYMENT

11.2.1 The payment of the products can be made by credit or debit card directly through the Site.

11.2.2 In order to guarantee the security of payments made on the Site and to prevent fraud, Callmewine.co.uk reserves the right to ask the user, via e-mail, to send, through the same means, a two-sided copy of his own identity document and, in the event that the holder of the order is different from the card holder, copy of the identity document of the latter. The document must be valid. In the request e-mail the term within which the document must be received by Callmewine.co.uk will be specified. In any case, this deadline will not exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated period.

11.2.3 In the event that Callmewine.co.uk does not receive these documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be deemed terminated and Callmewine.co.uk may reserve the right to cancel the order, with subsequent refund of the Total Amount Due.

11.2.4 In the case of receipt by Callmewine.co.uk of documentation valid within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of such document.

11.2.5 The confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment operator without passing through the servers that Callmewine.co.uk uses. Callmewine.co.uk has never access and does not store any data of the credit card used by the user for payment of the Products (this also in the case in which the user has decided to store the data of the credit card on the Site), with the exception of card holder name.

 

12. RIGHT OF WITHDRAWAL

  • 12.1 The user qualified as a final consumer has the right to withdraw from the contract without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period) from the delivery of the product.  in the case of a Multiple Order with separate deliveries, from the delivery of the last product, in case multiple lots or pieces, from the delivery of the last lot or piece.

12.2. To exercise the right of withdrawal, the user must inform Callmewine.co.uk of his decision to withdraw, before the expiry of the Withdrawal Period through the email: customer@callmewine.co.uk  with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is incumbent on the user, it is in the user's interest to keep a copy of the mail sent to Callmewine.co.uk with the withdrawal request.

12.4 For the return of the product, the user can use a carrier of his choice with return costs paid by the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article must return the product to Callmewine.co.uk, using a carrier of its own choice and at its own expense, without undue delay and in any case within 14 calendar days from the date in which he communicated his decision to withdraw from the contract with Callmewine.co.uk. The deadline is respected if the user returns the products before the expiry of the period of fourteen days. The product, appropriately protected and packed, must be sent to the following address:

CALLMEWINE UK Limited

Operating address LCB, UNIT E DALES MANOR BUSINESS PARK G SAWSTON CAMBRIDGE CB22 3TJ GB

The costs of returning the products to Callmewine.co.uk is the responsibility of the user. The return of the products to Callmewine.co.uk takes place under the responsibility of the user.

If the user has used a discount code for the purchase of the product for which he exercised the right of withdrawal, the refund will be made only with reference to the sum of money spent by the user, and not with regard to the value of the discount code.

12.5 If the user withdraws from the contract, Callmewine.co.uk will refund the Total Amount Due paid by the user for the product, without undue delay and in any case no later than 14 calendar days from the day on which Callmewine.co.uk received the products object of withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or different means agreed between the parties; in any case, the user will not incur any additional cost because of such reimbursement.

12.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the object to be withdrawn.

12.7 The user is solely responsible for the decreased value of the goods resulting from the handling of the product. The product must in any case be kept, handled and inspected with due diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the product, intact and not tampered with, as well as free of signs of wear or dirt. Furthermore, the withdrawal is applied to the product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which don’t constitute autonomous products) of the product.

12.8 IF the withdrawal is not exercised in accordance with the applicable legislation and in line with these Condition for Sale, user will not have any right of reimbursement. Callmewine.co.uk will inform the user, rejecting the request for withdrawal. The product, if already received by Callmewine.co.uk, will remain at Callmewine.co.uk premises, available for collection by the user. Such collection will at the expense and under the responsibility of the user.

12.9 In the event that the product for which the withdrawal was exercised has decreased in value resulting from the handling of the goods other than what necessary to clearly identify the same, the amount of reimbursement will be reduced by an amount equal to the decrease in value. Callmewine.co.uk will inform the user of this fact and of the consequent decrease of the reimbursement amount, by providing him, in the case in which the reimbursement has already been paid, the bank details for the payment of the amount due by the user because of the decrease in value of the product.

12.10 In the event that the right of withdrawal does not apply, this exclusion will be given specific and express notice in the product sheet and, in any case, during the purchase process, before the user proceed with the transmission of the order. In any case, the user is reminded that,  the right of withdrawal is excluded, inter alia, in the event that the sale relates to:

(i) tailor-made or clearly personalized products;

(ii) sealed products that are not suitable to be returned for hygienic reasons or related to health protection, which have been opened after delivery.

 

13. Viruses and Hacking

13.1 Callmewine.co.uk  does not warrant that the website, its content or the server(s) that make it available are error or virus free or free of other harmful components or that your use of this website will be uninterrupted. You are accessing this website at your own risk and to the extent permitted by law we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from this website.

13.2 You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.

13.3 You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server computer or data base connected to the website

13.4 You must not introduce viruses, trojan horses, worms, logic bombs, spyware, adware or other harmful materials to this website which may adversely affect the operation of any computer or program or this website

 

14. MISCELLANEOUS

14.1 By placing an order on the Site, the user gives his consent to receive the invoice, if requested, only in electronic format. For the issuance of the invoice, the information provided by the user will be used, and the user has the responsibility to provide them authentically and correctly. The user undertakes the commitment to keep Callmewine.co.uk free from any liability or damages, including sanctions issued by the competent authorities, that may derive in case of non-compliance with the truth of such information.

14.2 Callmewine is a registered trademark. Photos, texts, descriptions and everything on the Site are the exclusive property of CALLMEWINE. The complete or partial reproduction of any part of the Site is forbidden; it is also forbidden to reproduce texts or photos for any use and in any form and in any case without prior written authorization of CALLMEWINE.

14.3 Callmewine is not responsible for any damage suffered by the user of by third parties (or their belongings) due to delays in delivery or use of the Product.

15. LIABILITIES

15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

For business user:

15.2 Subject to clause 15.1, we exclude all implied conditions, warranties, representations or other terms that may apply to the website or any content on it.

15.3 Subject to clause 15.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:  

·        use of, or inability to use, the website;

·        use of or reliance on any content displayed on the website.

15.4 In particular, subject to clause 15.1, we will not be liable for:

·        loss of profits, sales, business or revenue;

·        business interruption;

·        loss of anticipated savings;

·        loss of business opportunity, goodwill or reputation;

·        any indirect or consequential loss or damage.

For Consumer:

15.5 Your legal rights as a consumer are respected by these terms. Any information or advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

15.6 Callmewine.co.uk is responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. We do not accept liability for any loss or damage which was not foreseeable.

16. APPLICABLE LAW AND THE PLACE OF JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

16.1 Contracts concluded between users of the Site and Callmewine.co.uk are governed by English law. This is applicable also to consumers who do not have their usual residence in UK and cases of possible more favorable and mandatory provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for the exercise of right of withdrawal, at the end for the return of the products, in case of exercise of this right, the modalities and formalities of the communication of the same and the legal compliance assurance.

16.2 If any of the terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.

16.3 It is intended that the website will be used by persons resident in the United Kingdom.

16.4 If you are a consumer, you and Callmewine.co.uk both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.5 If you are a business user, you and Callmewine.co.uk both agree to submit to the exclusive jurisdiction of the English courts.