Terms & Conditions
General Terms & Conditions – web consumers
Welcome to our website. Here we will try to lay out and guide you through the important stuff our legal team work tirelessly to deliver.
The term ‘Momentum Wines’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 8, Mile End Business Park, Maes-y-Clawdd, Oswestry, Shropshire SY10 8NN. Our company registration number is 05455303. The term ‘you’ refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless expressly consented by us.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
• We provide no warranty or guarantee as to the accuracy, performance, completeness, timeliness or suitability of the information and materials found on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
In order to buy wine or other products from us or use our web site you must do so according to these terms and conditions. By registering on the website or purchasing through it you are agreeing to be bound by them.
Momentum Wines reserves the right to change these Terms and Conditions by updating this page.
1 - Age restriction
1.1 We won't sell wine or other alcoholic drinks to anyone who isn't 18 years old or over. By placing an order you confirm that you are at least 18 years old.
1.2 If you are buying a case of wine as a gift - the recipient must also be over 18 years old.
1.3 Once the wine has been delivered, according to your original delivery instructions, it becomes the recipient's responsibility.
1.4 If our couriers are in any doubt about the age of the recipient, they will request ID. If doubt still remains they are not permitted to leave the consignment.
2 - Trading Hours
2.1 Our business hours and office hours for accepting telephone calls are Monday to Friday, 9am until 5pm (Closed UK Bank Holidays).
2.2 Orders can be placed via the website at any time, but please note orders will only be processed by us on the next working day, as defined above.
3 - Ordering
3.1 Availability - Wine is a product which is subject to vintage changes. Whilst every effort will be made to supply the vintage ordered, in certain instances we reserve the right to supply an alternative vintage provided the quality is comparable and the cost is no greater to you.
3.11 If we are unable to fulfil your order due to stock unavailability, we will do our best to contact you via the contact details you have left, either by email or telephone or both. For this reason please ensure the details you leave are accurate. If we are unable to contact you, we reserve the right to substitute your order with a similar product. If we are not able to supply a particular item or are unable to supply a substitute we will not be liable to you except to ensure you are not charged for the item.
3.2 All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices include Value Added Tax at the prevailing rate, unless otherwise specified. All delivery charges are additional.
3.3 We accept payment by Switch, Delta, Electron, Visa, MasterCard and American Express.
3.4 Description and price of the goods. We make every effort to ensure that prices and descriptions of goods on our website are accurate at the time you place your order. The price will be as shown on the checkout page of our website when you placed your order. This is the amount we will charge you. You may also be required to pay a delivery charge for the goods as indicated on our website at the checkout page. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
3.41 Due to the Shopify algorithm, some discounted bottles may round up or down by £0.01. If this happens, please don't hesitate to contact us.
3.5 Customer satisfaction - If you are not satisfied by our performance in any way, please contact our customer services department immediately on 01691 654499. At Momentum Wines, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours. We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved.
3.6 We use a secure payment server with state-of-the-art encryption and secure socket layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
3.7 It is your responsibility to protect your password from being disclosed to any third party.
3.8 You may cancel your order for any reason whatsoever at any time up to 14 working days from the day after the date you receive your wine, provided all of the bottles are unopened and intact and returned to us in good condition.
3.9 In order to cancel your order you must call us on 01691 654499, or notify us by email on email@example.com
3.91 We shall reimburse the price of the wine within 30 days from the date you notify us of the cancellation.
4 - Delivery & Returns
4.1 We comply fully with our obligations under the Consumer Contracts Regulations 2013.
4.2 Delivery will be charged as outlined in the checkout process. Delivery will usually be next working day to a single location on the UK mainland. If we are awaiting one of the wines that you have selected from our bonded warehouse, it may take a little longer, so please allow us 5 days. We will contact you promptly if any of your wines are out of stock.
4.3 Delivery times are Monday to Friday, 9.00am to 6.00pm. You will be given the option to leave the delivery in a safe place, but you will be deemed to have accepted delivery at this point or if you prefer to have the wine delivered to you in person, we will of course do so. If you are not there the driver will leave a card for you to arrange a more convenient delivery time.
4.4 If you need the wine next day or on a specified day, please email us at firstname.lastname@example.org or call 01691 654499 and we’ll do our best to sort this out for you. Orders for next day delivery would need to be placed by 11.30am the day before delivery is required.
4.5 Delivery charges as are as follows to a single location on the UK Mainland:
- Free delivery on orders over £150
- £8.95 on orders up to £149.99
Please note: Deliveries to Northern Ireland are £15.00
4.6 If some or all of the bottles of wine in a case are broken or spoiled when they are delivered, you should notify us as soon as possible. You may choose either to return the whole case or just the affected bottles for a refund. We will also issue a refund if the wine is not to your taste, but for unopened bottles only. A collection charge of £8.95 will apply.
4.7 You must notify us of all wines, which are due to be returned for any of the reasons stated in this clause within 90 days from delivery of the wine. You can call us on 01691 654499, notify us by email on email@example.com. Please retain faulty bottles where possible as we reserve the right to collect them for inspection.
4.8 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen's Advice Bureau.
5 - Limitations of liability
5.1 Nothing in these Terms and Conditions shall exclude liability for personal injury or death caused by its negligence.
5.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of the supplier;
iii. loss or damage relates to business and/or non-consumers.
5.3 We will not be liable for loss or damage caused by the customer handling the wine. In particular we will not be liable for spillages or breakages.
5.4 Customers should also be aware of the following inherent risks and warnings:
i. Alcohol should be consumed in moderation.
ii. A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles 1 or 2 at a time.
iii. Red wine in particular may cause staining if spilt so extra care should be taken
iv. Sparkling wines can be volatile due to the build-up of gasses extra care should be taken when opening these.
6 - Data Protection & Intellectual Property Rights
6.1 By providing your details to Momentum Wines on our web site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
6.2 Our promise to you. We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your wine to you, e.g. our delivery company. From time to time, we may send information about discounts, free stuff and personalised offers on wine and other alcoholic drinks, including many exclusive deals, unless you have told us not to do so by ticking the 'opt out' box on our registration page or contacted us directly to remove this via email to firstname.lastname@example.org
6.3 If you opt-out from hearing from Us, you will only be contacted by us if our terms and conditions change, but we promise to do so no more than twice a year.
6.5 You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site, and to the business of Momentum Wines, the structure, design and layout of the web site, the styles of the wines.
6.6 You are entitled to use our website in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our website or any part of it in any other manner.
6.7 All persons, individual and corporate, are prohibited from providing hypertext or other links to the momentumwines.co.uk web site, other than to our home page, from their own web site or from a third party's web site, without our prior written consent.
7 – Warranties
7.1 We warrant that the goods we deliver will be satisfactory quality and fit for purpose.
8 - General
8.1 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 governmental order, rule, regulation or direction, , fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
8.2 Momentum Wines may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
8.3 No contract exists between you and us until we notify you that we have accepted your order and delivered the goods. We are not obliged to accept your orders.
8.4 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
TERMS AND CONDITIONS OF SALE for TRADE CUSTOMERS
Our full Terms and Conditions are available on request and are part of the Account Application Form.
DELIVERY: For orders above a value of £250 ex VAT delivery is FREE. For orders below £250 ex VAT a charge of £2.50 ex VAT is applied.
VINTAGES: Vintages are correct at the time of printing. We endeavour to have a consistent stock of each line but vintages change. In this case the follow on vintage will be used/sent.
UNLISTED ITEMS: We think we have a broad range but there may be something you require that isn’t on this list. In which case we will endeavour to source this for you on the understanding the stock will be purchased in full.
PAYMENTS: Momentum Wines Ltd can accept all forms of payment. Direct Debit facilities are available on a monthly or fortnightly basis. BACS, CHAPS, all forms of Credit & Debit card . Cheques accepted on approved accounts only.