Access
Your use of this Website is governed by these Conditions. Please read them carefully as they affect your rights and obligations under the law. By using this Website you agree to be bound by these Conditions. If you do not agree to be bound by these Conditions you should not use this Website. These Conditions do not affect your statutory rights.
Registration
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website you must:
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You must inform us immediately of any changes to your Personal Information by updating this as and when necessary.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
(i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
Non-acceptance of an order may be a result of one of the following:
Contract cancellation
Please follow the procedure set out in our "Returns" policy. You are entitled to cancel this contract provided that you exercise your right within 14 working days of purchase and on the condition products are:
This does not affect your statutory rights under Scots Law.
Payment
We do not take payment for your goods until the order is available for dispatch. If goods are available for dispatch at the point of purchase, payment will be taken immediately. All prices are in pounds sterling (£) inclusive of the current rate of Value Added Tax VAT applied in the UK (where applicable) and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Product(s) ordered plus delivery charges as set out in the Delivery section of this Website/Conditions. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website. Prices may change at any time prior to acceptance of your order.
You confirm that the credit or debit card that is being used is yours. You must ensure that the expiry date of your payment card is after the anticipated despatch of your order. In the event that the payment card has expired we will not be able to take payment or fulfil your order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Restrictions
Where the order concerns:
1. Knives or bladed articles, or liqueur chocolates, by placing an order you confirm that you are over the age of 16.
2. Alcohol, by placing an order you confirm that you or the recipient of an alcohol gift are over the age of 18.
Descriptions
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Any description given is for information only and does not constitute a sale by description. No warranty (express or implied) is given concerning the quality, condition or suitability for any purpose of any Products purchased.
We have taken great care in presenting the products on our website as accurately as possible. The images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.
Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
Intellectual property and the right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Assignation
You may not assign or otherwise transfer any of your rights under these Conditions.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your details and/or your Personal Information.
Our rights
We reserve the right to:
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, the Website is provided on an "as is" and "as available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through it including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable, in contract or delict (except in the case of fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Nothing in the Conditions shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
We shall not be responsible for any breach of these Conditions caused by circumstances beyond our control. The provision of this Website does not include provision of computer or other necessary equipment to access the Website. To access it you will need an Internet connection and appropriate telecommunication links. For the avoidance of doubt, we shall not be liable for any telephone or other costs that you may incur.
Language
The contract will be concluded in English.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
If you breach these Conditions and we ignore this, we will be entitled to use our rights and remedies at a later date or in any subsequent situation where you breach the Conditions.
Entire agreement
The Conditions in force at the date of despatch of your Product govern our relationship with you. You confirm that, in accepting the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Law
The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the Scottish courts.
Definitions
In these terms and conditions, unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Conditions" means these terms and conditions;
"Personal Information" means the details provided by you on registration;
"Product" means a product displayed for sale on the Website;
"Users" means the users of the Website collectively;
"we/us" means Inverarity One to One Fine Wines
"Website" means the website located at www.inverarity121.com or any subsequent URL that may replace it;
"you" means a User of this Website and, where applicable, the party purchasing the Product.