Terms and Conditions

Terms and Conditions of Sale for Portman Vintners Ltd

Last Updated: 01/01/2020

  1. Definitions and Interpretation

"We", "us", "our" means Portman Vintners Ltd, a company registered in England and Wales under company number 14765829  whose registered office is at 23 Temple Road, Croydon, CR0 1HU.

"You", "your" means the person placing an order for goods through our website or otherwise.

"Contract" means the contract for the sale and purchase of goods formed between us and you in accordance with these Terms.

"Goods" means the alcoholic beverages and related products that we sell.

"Website" means our website located at [www.yourwebsite.co.uk].

"Order" means your request to purchase goods from us.

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.

  1. Contract Formation and the Invitation to Treat

2.1 Nature of Website Display

The display of goods on our website, including prices and descriptions, constitutes an invitation to treat only and not an offer to sell. No contract exists between us until we accept your order in accordance with clause 2.3.

2.2 Your Offer

When you place an order through our website, telephone, or email, you are making an offer to purchase the goods specified in your order at the prices quoted, subject to these Terms and Conditions.

2.3 Our Acceptance

We may accept or decline your offer at our absolute discretion. A contract is formed only when:

  • We send you an order confirmation email acknowledging acceptance of your order; OR
  • We dispatch the goods to you, whichever occurs first.

2.4 Right to Decline Orders

We reserve the right to decline any order for any reason, including but not limited to:

  • Goods being unavailable or discontinued
  • Pricing or product description errors
  • Inability to verify your age or identity
  • Suspected fraudulent activity
  • Breach of these Terms
  • Legal or regulatory restrictions
  1. Age Restrictions and Verification

3.1 Minimum Age

You must be at least 18 years of age to purchase goods from us. By placing an order, you confirm that you are 18 or over. We operate challenge 25, so if you appear to be 25 or under we may ask for additional age verification.

3.2 Age Verification

We may require age verification at any stage of the ordering or delivery process. Acceptable forms of identification include:

  • Valid UK driving licence
  • Valid passport
  • PASS-approved age verification card
  • Biometrics Video, photograph or scan
  • Mobile Network Operator Data, Credit Reference Agency or other database or organisation necessary for age verification or fraud prevention

3.3 Delivery Verification

All deliveries must be received by a person aged 18 or over. Our delivery partners may require proof of age before handing over goods. If adequate age verification cannot be provided, goods will be returned and you will be charged return delivery costs.

  1. Pricing and Payment

4.1 Prices

All prices are quoted in pounds sterling (£) and include VAT at the applicable rate. Prices are correct at the time of display but may change without notice.

4.2 Pricing Errors

We reserve the right to correct pricing errors on our website. If we discover a pricing error after you have placed an order:

  • We will inform you of the correct price
  • You may choose to proceed at the correct price or cancel your order
  • If you choose to cancel, we will refund any payment received

4.3 Payment

Payment is due in full at the time of ordering. We accept payment by:

  • Credit and debit cards
  • PayPal
  • Other payment methods as displayed on our website

4.4 Payment Processing

Payments are processed by secure third-party payment providers. We do not store complete payment card details on our systems.

  1. Order Process and Availability

5.1 Stock Availability

All orders are subject to stock availability. While we aim to maintain accurate stock levels, goods may become unavailable between ordering and dispatch.

5.2 Unavailable Items

If goods become unavailable after we have accepted your order:

  • We will notify you as soon as reasonably possible
  • We will offer suitable alternatives where available
  • If no alternatives are acceptable, we will refund the unavailable items

5.3 Order Limits

We may impose reasonable limits on order quantities to ensure fair availability of goods.

  1. Delivery

6.1 Delivery Areas

We deliver within Mainland United Kingdom only.

6.2 Delivery Charges

Delivery charges are displayed during the checkout process and vary according to:

  • Delivery location
  • Order value
  • Delivery speed selected

6.3 Delivery Times

Delivery times are estimates only and are not guaranteed. We will use reasonable endeavours to deliver within estimated timeframes.

6.4 Risk and Title

Risk in the goods passes to you upon delivery. Title passes upon payment in full and delivery.

6.5 Failed Deliveries

If delivery cannot be completed due to:

  • No one present to receive goods
  • Refusal to provide age verification
  • Incorrect delivery address provided

You will be charged for redelivery attempts and any return shipping costs.

6.6 Delivery Partners

We use third-party delivery services. You acknowledge that delivery partners are independent contractors and we are not responsible for their acts or omissions beyond our reasonable control.

  1. Consumer Rights and Returns

7.1 Consumer Contracts Regulations

As a Consumer, you have statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

7.2 Right to Cancel

You may cancel your order without giving reason within 14 days from the day after delivery ("cooling-off period").

7.3 Exceptions to Cancellation Rights

Your right to cancel does not apply to:

  • Goods that have been unsealed and are not suitable for return for health or hygiene reasons
  • Bespoke or personalised goods
  • Goods that deteriorate or expire rapidly

7.4 Exercising Cancellation Rights

To cancel an order:

  • Send clear written notice within the cancellation period
  • Use our cancellation form or send an email to [returns@yourwebsite.co.uk]
  • Include your order number and details of goods to be returned

7.5 Return Process

For cancelled orders:

  • You must return goods within 14 days of giving cancellation notice
  • Goods must be returned in original condition and packaging
  • You are responsible for return shipping costs unless goods are faulty
  • We will refund the purchase price within 14 days of receiving returned goods

7.6 Faulty Goods

Under the Consumer Rights Act 2015, goods must be:

  • Of satisfactory quality
  • Fit for purpose
  • As described

If goods are faulty, you may be entitled to:

  • Repair or replacement (within first 6 months)
  • Price reduction or refund (if repair/replacement not possible)
  1. Limitation of Liability

8.1 Consumer Protection

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Breach of statutory consumer rights
  • Any other liability that cannot be excluded by law

8.2 Business Customers

If you are purchasing for business purposes, our liability is limited to:

  • Direct losses only (no indirect or consequential losses)
  • Maximum of the value of goods sold to you in the 12 months prior to the claim
  • No liability for loss of profits, business, reputation, or data

8.3 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters
  • Government actions
  • Strikes or labour disputes
  • Supplier failures
  • Transport disruptions
  1. Product Information and Descriptions

9.1 Accuracy

We aim to ensure product descriptions and images are accurate but do not warrant complete accuracy. Variations may occur due to:

  • Vintage variations in wine characteristics
  • Photography and display settings
  • Supplier specification changes

9.2 Alcohol Content

Alcohol percentages are approximate and may vary slightly from those stated.

9.3 Allergens

Allergen information is provided where available but may not be complete. If you have allergies, please contact us before ordering.

  1. Intellectual Property

10.1 Our Rights

All content on our website, including text, images, logos, and software, is our property or licensed to us. You may not reproduce, distribute, or use such content without written permission.

10.2 Limited Licence

We grant you a limited, non-exclusive licence to access and use our website for personal, non-commercial purposes only.

  1. Data Protection and Privacy

Your personal data is processed in accordance with our Privacy Policy, which forms part of these Terms. Please review our Privacy Policy for full details of how we collect, use, and protect your personal information.

  1. Responsible Drinking

12.1 Health Warning

Alcohol should be consumed responsibly. Please be aware of recommended guidelines for alcohol consumption.

12.2 Drink Aware

We support responsible drinking. For information and support, visit drinkaware.co.uk or call their helpline.

12.3 Refusal of Sale

We reserve the right to refuse sales if we believe alcohol may be purchased for consumption by minors or for irresponsible consumption.

  1. Communication and Notices

13.1 Electronic Communications

By using our website, you consent to receive communications electronically. We may communicate via email or by posting notices on our website.

13.2 Your Contact Details

You must ensure your contact details are accurate and notify us of any changes. We are not responsible for communications sent to incorrect contact details you have provided.

13.3 Language

All communications will be in English.

  1. Variation of Terms

14.1 Our Right to Vary

We may update these Terms from time to time. Changes will be posted on our website with the date of last update.

14.2 Notification

For material changes, we will provide reasonable notice by email or website notice.

14.3 Continued Use

Your continued use of our website after changes constitute acceptance of the revised Terms.

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

  1. Entire Agreement

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between us and supersede all prior negotiations, representations, or agreements.

  1. Third Party Rights

These Terms are between you and us only. No third party has any right to enforce any provision of these Terms.

  1. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

  1. Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations to any third party.

  1. Governing Law and Jurisdiction

20.1 Governing Law

These Terms are governed by English law.

20.2 Jurisdiction

For Consumers: You may bring proceedings in either the English courts or the courts of the country within the UK where you live.

For Business customers: The English courts have exclusive jurisdiction over any disputes.

20.3 Alternative Dispute Resolution

Before starting court proceedings, Consumers may use:

  • Our internal complaints procedure
  • Alternative dispute resolution services
  • The Online Dispute Resolution platform: ec.europa.eu/consumers/odr

Customer Service: Email: customer.service@portman.wine

Phone: 020 3670 6700 Hours: 9am to 5pm

Returns and Complaints: Email: returns@portman.wine

These Terms and Conditions are designed to comply with UK consumer protection legislation including the Consumer Rights Act 2015, Consumer Contracts Regulations 2013, and Unfair Contract Terms Act 1977. Nothing in these terms and conditions can affect your statutory rights, any term deemed to be unfair or in breach of your statutory rights should be deleted or amended to make it compliant with those statutes and regulations.