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SWIG WINES LIMITED
TERMS AND CONDITIONS OF SALE
This page tells you the terms and conditions on which Swig Wines Limited ("Swig", "us", "we" and "our") supplies wine and any goods or services listed on our site www.swig.co.uk (the "site") to you as a consumer. If you are a business or buying on behalf of a business different terms and conditions will apply. Please click here for terms and conditions that apply to our business customers [insert link].
Please read these terms and conditions carefully before ordering any of the goods or services from our site. You should understand that by placing an order with us, you agree to be bound by these terms and conditions. If you have any queries on these terms or what they may mean for you please contact us before placing any order so we can help resolve your query.
We recommend that you review these terms and conditions each time you make a purchase and print a copy of these terms and conditions for future reference.
1. Information about us
1.1 The site is operated by Swig. Swig is registered in England and Wales under company number 05982489 and our registered office is at 188 Sutton Court Road, London W4 3HR. Our VAT number is 778 0589 76.
2. Territorial restrictions
2.1 The goods displayed on our site are only available for purchase by customers resident in the UK, EU, USA, Canada, South Africa, Australia, NZ, Hong Kong and Singapore with a billing address in those countries.
2.2 No orders for the delivery or supply of goods will be accepted from anyone who is not a resident in UK, EU, USA, Canada, South Africa, Australia, NZ, and orders will not be shipped to countries other than UK, Ireland, France, Germany, Italy, Spain, Portugal and Belgium.
2.3 Any credit card/debit card billing address must be in UK, EU, USA, Canada, South Africa, Australia, NZ, Hong Kong and Singapore
3. About you and your status
3.1 By placing an order for goods/services through our site you are representing and agreeing that:-
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old; and
3.1.3 You are a resident of UK, EU, USA, Canada, South Africa, Australia, NZ, Hong Kong and Singapore and are accessing our site from one of those countries.
3.2 On delivery, if we (or our agent) are in doubt of the age of the recipient of any order we shall request ID as proof of age. If the recipient cannot show proof of age as 18 years old or over we will not deliver the goods. In addition, we reserve the right to refuse an order or to refuse to make a delivery at our sole discretion.
4. Registration with the site
4.1 You will need to register with the site to place an order and will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order. Please see our registration page for further details.
4.2 You agree to provide us with truthful, complete and accurate details when you register. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
4.3 Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by managing your account on line or can contact us at wines@swig.co.uk to provide updated information.
5. How to place an order
5.1 You may order goods by telephone on 020 8995 7060 or via our site (the "order").
5.2 Whilst we take every care to ensure descriptions, measurements and colours are as shown on the site these may vary slightly from bottle to bottle.
6. Our contract with you
6.1 After placing an order, you will receive an e-mail from Swig acknowledging that we have received your order and setting out the details of such order. This does not mean that we have accepted your order. All orders are subject to acceptance by Swig and this acceptance will only take place when we send you an e-mail that confirms that your payment has been successful (the "Confirmation Email"). The contract between you and Swig (the "Contract") will only be formed when we send you the Confirmation Email. Until we send you the Confirmation Email and receive payment in full for your order there is no contract between you and us for the goods.
6.2 We reserve the right in our sole discretion to not accept any order you place.
7. Prices and payment
7.1 Subject to section 7.2, 7.3 and 7.4, the prices of goods are as set out on our site, except in the case of obvious error. All prices (excluding wines offered under bond) include VAT unless otherwise stated.
7.2 We use our best efforts to ensure the prices of goods displayed on our site are correct. However, our site contains a number of goods and it is always possible that, despite our best efforts, some of them may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. In the event of a pricing error we will not be obliged to sell the goods to you at the price shown. If we discover a pricing error, we will contact you as soon as possible. You may wish to cancel your order or agree to pay the correct price, in which case we will proceed with your order.
7.3 We are under no obligation to provide goods to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from the contract including any accepted order in the case of obvious and unmistakable pricing errors.
7.4 We reserve the right to change our prices at any time however subject to section 7.2 and 7.3, price changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.5 Payment is made at the time of order and must be made by Maestro, Visa, Mastercard or American Express, Shopify Shop Pay, Apple Pay, Google Pay, Amazon Pay, Pay Pal. By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the goods and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
8. Availability of goods
8.1 All goods featured on our site are subject to availability. We will endeavour to make it clear where goods offered are available for a limited time or in limited numbers. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular goods will be in stock at a particular time.
8.2 In the event that a item is unavailable when you place your order, we shall contact you to arrange a replacement, or make another acceptable arrangement for the completion of your order.
9. Delivery
9.1 There is no minimum order. Orders of at least 12 bottles or of at least £75 (per delivery address) are delivered free of charge throughout the UK. Full details of our other delivery options (including international delivery and delivery "under bond") are available on our site.
9.2 Whilst we make every effort to deliver during the agreed time period delivery times are given as an indication only and are not intended to be binding.
9.3 Non-delivery of goods must be notified to us within 2 days of expected delivery.
9.4 Your order will be delivered by courier. We use APC for next day delivery and 2 – 3 days in some parts of the UK and Prestige Couriers for London postcodes, for an evening service and morning and Saturday service..
10. Incorrect/Faulty/Defective goods
10.1 We take great care in the dispatch and packaging of our items. In the unlikely event of faults with, or damage to, the goods or if you have received an incorrect item please contact us at wines@swig.co.uk . Damaged bottles and packaging should be kept for inspection. You must notify us within 2 working days of receipt of the goods. If you fail to notify us, we will have no liability to you.
10.2 We will collect the goods or ask you to return them to us at our expense and once, acting reasonably, we have examined the item and confirmed it is faulty/an incorrect delivery, we will provide you with a refund or replace the goods or send substitute goods.
10.3 We do not accept responsibility for any loss or damage which occurs once the goods have been left at the delivery address (or at your nominated warehouse for wines delivered "under bond").
11. General right of return
11.1 In addition to the right to return under section 10 above, whilst we hope you are delighted with your purchase, as you are contracting as a consumer and are based in the European Union, you can choose to cancel an order at any time within seven working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods.
11.2 To cancel an order under section 11.1, you must inform us in writing at wines@swig.co.uk If we receive confirmation that you wish to cancel the order before dispatch we will refund your payment and will not dispatch the items. If you have received the goods and/or they has been dispatched you must return the items to us immediately at wines@swig.co.uk in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the items while they are in your possession and we reserve the right to seek compensation from you for any failure to comply with this obligation.
11.3 You will not have any right to cancel a contract under this section 11 if you have used/unsealed the item or if you have damaged it in any way.
12. Our liability to you
12.1 We take reasonable care and provide proper storage for wines. We do not accept liability for the condition of the wine in the bottle or for any deterioration which may occur through natural processes to the wine or corks which results in a variation of taste from time to time.
12.2 If you or we are in breach of any contract for goods, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.3 Our liability for losses you suffer as a result of us breaching any contract for goods is strictly limited to the purchase price of the relevant goods affected.
12.4 This section 12 does not exclude or limit in any way our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us; or for any matter for which we cannot exclude, or limit our liability under applicable law.
13. Written communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. Notices
14.1 All notices given by you to Swig must be given to us at wine@swig.co.uk. Swig may give notice to you by posting the notice on the site or at the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Events outside our control
15.1 Swig will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations where such failure or delay is caused by any act, event, non-happening, omission or accident beyond our reasonable control (a "Force Majeure Event") including but not limited to fire, storm, flood, adverse weather conditions and impossibility of the use of public or private transport.
15.2 Swig will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
16. Waiver
16.1 If Swig fails to insist upon strict performance of any of your obligations under these terms and conditions, or if Swig fails to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 No waiver by Swig of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
17.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be deleted from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 We intend to rely upon these terms and conditions. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the agreement.
19. Our right to vary these terms and conditions
19.1 Swig has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order goods or services from Swig, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Swig notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case Swig has the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary at least ten working days in advance of your order date).
20. Law and jurisdiction
20.1 Contracts for the purchase of goods or services through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the [non]-exclusive jurisdiction of the courts of England and Wales.
21. Questions or complaints?
21.1 In the event of any query or complaint please contact us via telephone on 020 8995 7060 or email to wine@swig.co.uk and we will be happy to assist you. We aim to resolve all complaints as soon as reasonably practicable and each complaint will be treated as confidential.

RETENTION OF TITLE for goods sold with credit terms to trade accounts

22

22.1.1 The Goods shall be at the Buyers risk as from delivery.
22.1.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:

22.2.1 The Buyer shall have paid the Price plus VAT in full; and

22.2.2 No other sums whatever shall be due from the buyer to the Seller.

22.3 Until property in the Goods passes to the Buyer in accordance with clause (0.2) the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.

22.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Sellers property by the Buyer on the Buyers own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.

22.5 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.

22.6 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence of resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the buyer under clause (0.4) shall cease.

22.7 The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller, if the Buyer does so all sums whatever owing by the Buyer for the Seller shall forthwith become due and payable.

22.8 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

22.9 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

22.10. Insolvency: If the customer makes any voluntary arrangement with his creditors or becomes subject to administration order or becomes bankrupt or goes into liquidation, or an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer or the customer ceases or threatens to cease to carry on business, or Swig Wines Ltd, reasonably apprehends that any of the above are about to happen, the invoice shall without prejudice to any rights in respect of any antecedent breach and if the goods have been delivered but not paid for the price shall immediately become due and payable.

22.11. New Account: Credit accounts opened upon receipt of one bank and two trade references. Until such time as the property in goods passes to the customer (and provided the goods have not been sold) the supplier shall be entitled to at any time require the customer to deliver up the goods to the supplier or their agents, and if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.

22.12. Data Protection Act 1984. To comply with the Data Protection Act 1984, we are required to inform you that we have recorded your name and address on our computer for the sole purpose of sending you a catalogue and other information.

SWiG Wines limited, reg. # 05982489
Tel 020 8995 7060