Definitions
“Affiliate” means any company, partnership, individual or other organisation with whom the Company at its sole discretion uses to fulfil its business objects or obligations under these Terms.
“Company” means Suburban Bottlestore Limited (registered in England No. 13432316) whose registered office is situated at Eden House, Enterprise Way, Edenbridge, Kent TN8 6HF, and/or any company within the same group of companies defined under the Companies Acts or any trading name that the Company chooses to use including but not exclusively “The Bottlestore”.
“Courier” is any courier, delivery service company or business, any agent of a delivery service or business or any other such delivery organisation deployed by the Company or its Affiliates to transport products to customers;
“Intellectual Property” any business name, design, invention, logo, website design or content, app design, marketing material, social media design or content, brochures, product images, product data or any other material or designs produced by the Company or its Affiliates.
“Products” mean any products or services offered by the Company for sale.
“Services” means any website, app, portal, social media feed, brochure, written or verbal communication or other means by which the Company imparts, collects or processes information or orders for its products or services.
“Terms” means these Terms and Conditions to be read in conjunction with other documents and policies including inter alia the Privacy Policy, Cookie Policy, Delivery Notices or any policies notified by any Affiliates.
1. Overview
1.1 These Terms apply to purchases of products and services from the Company or the use of its Services. These Terms should be read alongside, and are in addition to, the Privacy Policy and the Cookie Policy. Additional terms and conditions apply if you are a member of any subscription service offered by the Company.
1.2 Please read these Terms carefully before using the Services or purchasing products from the Company and print and keep a copy of them for your reference. The Company may at its sole discretion change the content of the Services from time to time without notice including the terms of use.
1.3 By using the Services (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 Services or place an order with the Company.
1.4 Headings and titles used in these Terms are included for convenience only and will not limit or otherwise affect any meanings within these Terms.
2. Age Restrictions
2.1 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 to buy or attempt to buy intoxicating liquor for any person under the age of 18. The Company is committed to upholding its legal and social obligations as a retailer of intoxicating liquor.
2.2 By placing an order for products and services, you confirm that you and the recipient of the Products are at least 18 years old. If at any time the Courier is in doubt of the age of the recipient of any Products they will request some form of identification to verify the age of the recipient. If this identification check is not satisfied they are not permitted to leave any product.
2.3 The Company may validate name, address, age and other personal information supplied by you during the order and purchase process against appropriate third-party databases. By accepting these Terms, you consent to such checks being made. If the Company cannot verify your age using this method, it may contact you to ask for further evidence that it sees fit to proceed with the order.
3. Products and Services
3.1 Any Products purchased via the Services provided by the Company cannot be resold or otherwise used in connection with a trade, business, craft or profession.
3.2 The images contained in the Services are for illustrative purposes only. Although the Company uses its best efforts to display the colours accurately, the Company cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. The products that you purchase may vary slightly from those images.
3.3 The packaging of the Products may vary from that shown in images displayed in the Services.
3.4 You should be aware of the following inherent risks and warnings in respect of the Products:
• Alcohol can be harmful and should be consumed in moderation.
• Cases of bottles are heavy so extra care should be taken when lifting cases. The Company advises that you transfer bottles 1 or 2 at a time.
• Red Wine and Port in particular may cause staining if spilt so extra care should be taken in the transportation of these products.
• 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 products is of vital importance. Where possible, you should store wine and champagne bottles horizontally. Wine and champagne should be subject to as little movement as possible.
• Products should be stored at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture to avoid the drying out of any corks.
4. Contract For Sale
4.1 Use of the Services does not constitute a contract between the Company and any third party using the Services. Order acceptance and the contract between you and the Company is only formed on the despatch to you of the product(s) ordered unless the Company have notified you that the Company do not accept your order, or you have cancelled it under the instructions set out in the “Cancellation and Refunds” section below.
4.2 For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by the Company nor at the point when you receive an email from the Company acknowledging receipt of your order.
4.3 Non-acceptance of an order may be a result of one of the following:
• The product(s) ordered are unavailable from stock;
• The Company is unable to obtain authorisation for payment;
• The Company is unable to verify that you are aged over 18;
• The Company has identified a pricing or product description error;
• The Company suspects repeated or fraudulent use of vouchers.
4.4 The Company reserves the right to refuse the sale of Products to anyone for any reason at any time. You may not use the Products for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction including but not limited to copyright laws.
5. Pricing
5.1 All prices are quoted in pounds sterling and may be per bottle or case, as marked.
5.2 Prices include UK duty and VAT unless otherwise specified. Any delivery charges are additional unless otherwise specified.
5.3 Although the Company endeavours to ensure that all pricing information set out in its Services is accurate, occasionally an error may occur and products may be incorrectly priced. If a product you have ordered is listed at an incorrect price, the Company will contact you by telephone or email before despatching your products to confirm that you still wish to proceed with your order at the correct price. If you do not confirm that you wish to proceed with the order within seven days of the date of contact, the Company will consider this to be a withdrawal of your order.
5.4 Where a particular product is part of a mixed case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent products.
5.5 Where discounts are offered under any promotion, voucher or offer, the discounts apply to the recommended sale price unless otherwise stipulated under the terms of the promotion, voucher or offer.
5.6 The Company reserves the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by any competent authority domestic or international) or other market conditions. The Company also reserves the right to terminate any special offer at any time, without notice.
5.7 The Company will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the products or services.
6. Availability
6.1 All products and services are subject to availability.
6.2 Occasionally due to availability issues, the Company may have to substitute wines for another vintage or an alternative wine of equal or greater value. The Company will endeavour to contact you beforehand to confirm your acceptance of the substitution. If contact has not been possible before despatch and you are unhappy with any substitutions delivered, the Company will arrange collection at its own cost.
7. Deliveries
7.1 Deliveries are carried out by the Courier.
7.2 The Company may offer a range of delivery options dependent on the product and delivery destination(s). All delivery options are subject to availability. Working days exclude UK public holidays. For further details on delivery options and prices, please go to the Delivery page.
7.3 Delivery options will be displayed at checkout. The Company aims (but cannot guarantee) to process and dispatch orders within 48 hours and deliver within four working days. Working days are classed as Monday to Friday. Any dates quoted for delivery are approximate only.
7.4 Deliveries are guaranteed and fully insured. The Courier will attempt to deliver twice. If the recipient fails to accept the delivery or to respond to calling cards, the delivery will be returned to the Company. It is the recipient’s responsibility to communicate to the Company and/or to the Courier if there are any known issues related to delivery. There may be a charge for re-delivery.
7.5 The Company reserves the right to restrict deliveries or to withdraw services to individual addresses based on exceptional circumstances.
7.6 If the supply of the products is delayed by an event outside the control of the Company, then the Company will contact you as soon as possible to let you know and the Company will take steps to minimise the effect of the delay. Provided the Company does this, the Company will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact the Company to end the contract and receive a refund for any products you have paid for but not received.
8. Cancellation and Refunds
8.1 The contract for products is completed when the product is delivered and paid for. The contract for Services is completed when the Company has finished providing the Services and you have paid for them.
8.2 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 the Company will arrange to collect (free of charge) 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 offered by the Company) within 14 calendar days after the day on which you notify the Company that you wish to cancel. However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (including but not limited to opening a bottle, removing a seal, removing, damaging or otherwise spoiling a manufacturer label, damaging or losing manufacturer product packaging, or breaking a product, removal of beer from cases or plastic packaging), the Company will reduce your refund to reflect the reduction in the value of the goods.
8.3 Please let the Company know if you wish to cancel an order by contacting the Customer Services team using one of the methods in the “Contact Us” section. If you are e-mailing or writing to the Company, please include details of your order to help identify it.
8.4 All refunds given will be made by the same payment method you originally used to make payment.
9. Security and Data
9.1 All information and data including payment details are sent and received using up-to-date secure e-commerce software. The Company monitors and implements new security protocols and software as they become available.
9.2 If you have any questions about any aspect of site security, please contact the Company at:
customer.service@suburbanbottlestore.com.
9.3 Any details which you provide to the Company from which it can identify you are held and processed lawfully and under the Data Protection Act 2018 and the Company’s Privacy Policy. All Affiliates are under strict obligation to keep your personal information private.
9.4 The Company may collect, use, store and transfer the following different kinds of personal data about you: Identity Data, Contact Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data and Marketing and Communications Data. These categories of data are explained in the Privacy Policy. The Company uses different methods to collect data about you, which are also explained in the Privacy Policy.
9.5 Some areas of the Services may require you to register an account with the Company to use the services or purchase products. By registering you agree that:
• 9.5.1 The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
• 9.5.2 You will notify the Company immediately of any changes to the personal information by updating your details where required within your online account or by contacting the Company using the Contact Us details below.
• 9.5.3 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.
• 9.5.4 If any information provided by you is untrue, inaccurate, not current or incomplete or if the Company suspects that any information provided by you is untrue, inaccurate, not current or incomplete, the Company reserves the right to terminate your use of the Services or your account.
9.6 Any personal data will only be used when the law permits the Company to do so. Most commonly, the Company will use your personal data in the following circumstances:
• Performance of Contract
• Legitimate Interest
• Consent
• Compliance with a legal or regulatory obligation
The Company explains these circumstances further in the Privacy Policy.
9.7 You may be asked whether you would like to opt-in to receive further information which may be of interest to you such as email newsletters, features, offers, etc. This requires information such as the name and email address to be retained by the Company for this purpose. If you no longer wish to receive this type of information you can opt out of these communications by contacting the Company by email to customer.service@suburbanbottlestore.com or by following the unsubscribe instructions included in any email received.
9.8 No financial information is stored on the Company’s servers. This information is held securely by Affiliate payment partners on behalf of the Company. This information is used for billing purposes and to fulfil your orders.
9.9 For the prevention or detection of offences, and/or the apprehension or prosecution of offenders, the Company may share any information that the Company collects 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.
10. Discount and Promotional Codes
10.1 Please be aware of any separate terms and conditions applicable for any discount or promotional codes you use to order Products or Services from the Company.
10.2 Unless otherwise stated, discount and promotional codes may only be used once by customers. The codes are non-transferable, may not be sold at auction and have no cash alternative.
10.3 Where a voucher is used in breach of the above conditions the Company reserve the right to refuse to supply products to you or to make a charge equivalent to the value of the discount or promotional code against the payment card used on the contravening order or take steps to redeem the products as the Company deems appropriate. A charge may be made to cover the cost of recovery of the products.
10.4 Please note that any fraudulent use of vouchers may be a criminal offence under the Fraud Act 2006.
11. Liability
11.1 The Company does not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
11.2 The Company does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
11.3 You agree that from time to time the Company may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
11.4 The Company does 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 negligence of the Company or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.5 If you are a business user:
11.5.1 The Company excludes all implied conditions, warranties, representations or other terms that may apply to the Services or any content on them.
11.5.2 The Company 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:
• 11.5.2.1 use of, or inability to use, our Services; or
• 11.5.2.2 use of or reliance on any content displayed on our Services.
11.5.3 In particular, we will not be liable for:
• 11.5.3.1 loss of profits, sales, business, or revenue;
• 11.5.3.2 business interruption;
• 11.5.3.3 loss of anticipated savings;
• 11.5.3.4 loss of business opportunity, goodwill or reputation; or
• 11.5.3.5 any indirect or consequential loss or damage.
11.6 If you are a consumer user:
11.6.1 The Company is responsible to you for foreseeable loss and damage caused by the Company. If it fails to comply with these terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of a breach of this contract or by failing to use reasonable care and skill, but the Company is 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 the Company and you knew it might happen, for example, it was discussed with you during the sales process.
11.6.2 The Company does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation. This includes a breach of your legal rights in relation to the products and services including the right to receive products and services which are as described and match the information provided to you by the Company and any sample or model seen or examined by you, which are of satisfactory quality and fit for any particular purpose made known to the Company; and for defective products under the Consumer Protection Act 1987.
11.7 If the Company is providing Services in your property, it will make good any damage to your property caused by the Company while doing so. However, the Company is not responsible for the cost of repairing any pre-existing faults or damage to your property that it discovers while providing the Services.
11.8 The Company is not liable for business losses. If you are a consumer the Company only supplies the products or services to you for domestic and private use. If you use the products or services for any commercial, business or re-sale purpose the liability of the Company to you will be limited as set out above in relation to the Company’s liability to you as a business user.
11.9 The Company is not responsible for any delay in, or failure of, the performance of its obligations under these Terms arising from any event which is outside of its control including inter alia an act of God, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than sub-contractors of the Company) or in information technology or telecommunications services or industrial action. In the event of a significant delay or failure, the Company 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 the Company through its Customer Services at customer.service@suburbanbottlestore.com. If you subsequently receive your order after cancelling it and getting a refund, you must let the Company know and allow the Company to collect the products you have received.
11.10 The Company will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
• 11.10.1 Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
• 11.10.2 Your failure to comply with the recommendations set out in the Products and Services section above; or
• 11.10.3 Any spillages or breakages involving one or more of the products, unless such loss, damage or cost arises as a result of the Company’s negligence or one of its products being faulty or defective.
12. Third-Party Links
12.1 Certain content, products and services available in Services may include materials from Third Parties.
12.2 Third Party links contained within the Services provided to you as a part of our Services may direct you to Third Party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and it does not warrant and it will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of Third Parties.
12.3 The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party websites. Please review carefully the Third Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the Third Party.
12.4 You may link to the Company’s home page, provided you do so in a way that is fair and legal and does not damage the reputation of the Company or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Company where none exists. You must not establish a link to the Services on any website, social media platform or any other platform that is not owned by you. The Services offered by the Company must not be framed on any other site, nor may you create a link to any part of the Services other than the home page. The Company reserves the right to withdraw linking permission without notice.
13. Use of the Services
13.1 To comply with licensing and other legislation, the Services are only available to those aged 18 years and over as set out in the Age Restrictions Section above.
13.2 You agree to use the Services 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 Services.
13.3 In addition to other prohibitions set out in these Terms, you are prohibited from using the Services provided by the Company or its content:
• 13.3.1 for any unlawful purpose;
• 13.3.2 to solicit others to perform or participate in any unlawful acts;
• 13.3.3 to violate any laws, statutes, regulations and codes from time to time in force;
• 13.3.4 to infringe upon or violate intellectual property rights of the Company or the intellectual property rights of others;
• 13.3.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• 13.3.6 to submit false or misleading information;
• 13.3.7 to transmit viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet;
• 13.3.8 to collect or track the personal information of others;
• 13.3.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
• 13.3.10 for any obscene or immoral purpose; or
• 13.3.11 to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
13.4 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful material. You must not attempt to gain unauthorised access to our Services, the servers on which data or programs are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
13.5 The Company reserves the right to terminate your use of Services or any related website for violating any of the prohibited uses above.
13.6 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities, and it will cooperate with those authorities by disclosing your identity to them.
13.7 Access to the Services is permitted on a temporary basis and the Company reserves the right to withdraw or amend the Services or its content without notice.
13.8 You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your Internet connection are aware of these Terms and that they comply with them.
14. Intellectual Property Rights
14.1 All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trademarks (including the Suburban BottleStore or BottleStore designs, logos, or trademarks) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and applicable to the Services including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by the Company or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
14.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the information or data accessed via the Services or access the Services or any contact through which access is provided, without express written permission by the Company.
14.3 You may print off one copy, and may download extracts, of any page(s) from the Services for your personal use and you may draw the attention of others within your organisation to content posted on in our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 A breach or violation of any of the Terms will result in an immediate termination of your right to use the Services and you must, at the option of the Company, return or destroy any copies of the materials you have made.
14.5 You must not use any part of the content on the Services for commercial purposes without obtaining a licence to do so from the Company or its licensors.
15. Severability
15.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Termination
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms are effective unless and until terminated by either you or the Company. You may terminate these Terms at any time by notifying the Company that you no longer wish to use the Services, or when you cease using the Services.
16.3 If in the sole opinion of the Company you fail, or the Company suspects that you have failed, to comply with any term or provision of these Terms, the Company also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. The Company may accordingly deny you access to Services or refuse provision of the Services (or any part thereof).
17. Entire Agreement
17.1 The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.2 These Terms and any policies or operating rules posted by the Company on any of its platforms in respect to the Services constitute the entire agreement and understanding between you and the Company and these govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms).
17.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. Governing Law
18.1 These Terms and any separate agreements whereby the Company provides you Services shall be governed by and construed in accordance with the laws of England and Wales.
19. Contact us
19.1 If you have any questions regarding orders or any general enquiries please do let the Company know by:
• Entering the relevant details on the Contact Us page
• Emailing customer.service@suburbanbottlestore.com
• Writing to the Company at: Suburban BottleStore Limited, Eden House, Enterprise Way, Edenbridge, Kent TN8 6HF