Welcome to the Winedrops (the "Site"). This Site is maintained and operated by Banquist Limited trading as Winedrops ("WINEDROPS"or "Company"). We are registered in England and Wales under number 12090778. Our registered office is at Unit 5, Kenrich Business Park, Harlow, CM195TL. By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you should not use or access this Site. WINEDROPS reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by WINEDROPS before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.
By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy which is incorporated herein. By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. WINEDROPS reserves the right to change these Terms and Conditions of Use at anytime without notice, but will not change these Terms in relation to orders which have been placed and acknowledged by WINEDROPS before the change is made. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own non commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of WINEDROPS. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of WINEDROPS. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes: Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature; Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; Attempting to interfere in any way with the Site’s or WINEDROPS’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy.
4. Your personal information
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. For more information, please refer to our Privacy Policy.
5.Membership
The Site is available to registered users who are 18 years and older and who have not been suspended or removed by WINEDROPS for any reason. We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which wehave acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.
6. Orders and Contracts
WINEDROPS Membership Packages (“Memberships”) may be applied for by filling out the form on our homepage. Users holding Memberships will then be invited to place orders. All orders are subject to acceptance by WINEDROPS. WINEDROPS is not obliged toaccept your order and may, in its discretion, decline to accept any order. Where WINEDROPS accepts your order, it will confirm such acceptance to you by sending you an email that confirms that WINEDROPS has recognized your purchaseof a Membership. By purchasing a Winedrops Membership you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods described to you in your confirmation email, at the original subscription rate. Any Membership cancellations need to be done prior to the specified renewal date. To cancel your subscription at any time, you must do so via our app (winedrops.co.uk/app). We will respond to you in a timely manner with confirmation of your cancellation. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.
7. Free Trial Period
Any user on a free trial must cancel their Membership before the indicated Trial End period if they no longer want to become a Member. The subscription fee taken at the Trial End period is non-refundable.
8. Refunds
If a wine bottle breaks in transit to the customer (between the Winedrops office and the customer's address), WINEDROPS will issue store credit for the original value of the purchased bottle. If the wine breaks after it has been delivered to the customer's address, WINEDROPS does not refund or replace damaged or broken bottles. WINEDROPS reserves the right to dispute the reception of a damaged or broken bottle. WINEDROPS’s shipping partners normally alert WINEDROPS in the event of a broken bottle before it is delivered. If this occurs with your bottle, WINEDROPS will issue store credit. Winedrops is not obliged to refund or replace any wine for any other reason, including but not limited to, personal taste, wine being 'corked', wine being 'oxidized', bottle being damaged but still functional.
9. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of WINEDROPS or our partners and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. WINEDROPS and the WINEDROPS logo are registered trademarks TO CONFIRM THIS. All other trademarks are the property of their respective owners. All of our Site's content is the property and copyright of the Winedrops. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by The Winedrops and its affiliates.
10.Submitted Content
By submitting or posting any materials or content on the Site, you grant WINEDROPS a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant WINEDROPS the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant WINEDROPS the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. WINEDROPS will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content. WINEDROPS reserves the right to use content that you post to social media that specifically concerns or references WINEDROPS, its partners and the products it offers. This content may be shared by WINEDROPS on its own social media properties, with third-parties, and on the Site.
11. Disclaimers
WINEDROPS is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside WINEDROPS's control. If you cannot access the Site properly or at all because any of these reasons, WINEDROPS will not refund any money you have paid or compensate you. Making the Site enjoyable means WINEDROPS needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. WINEDROPS will try to do scheduled maintenance during what WINEDROPS anticipates will be relatively low levels of online use. WINEDROPS also needs to be able to do emergency maintenance and/or suspend access to the servers where, in WINEDROPS's reasonable discretion, WINEDROPS sees the need to do that. WINEDROPS will try to have the Site available again as soon as WINEDROPS thinks it is safe to do so. The Site relies in part on software to work. Software has bugs. Whilst WINEDROPSwill monitor the Site and try to fix bugs that are made known to us, WINEDROPS cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses. Where the Site contains links to other websites and third party products or services, these links are provided for your information only. WINEDROPS is not responsible for the content of these websites or products or services.
12.Indemnification
You agree to indemnify WINEDROPS and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or WINEDROPS's Review Guidelines.
13. Limitation of Liability
WINEDROPS excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not aforeseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and WINEDROPS at the start of your membership. WINEDROPS will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
14. Copyright Infringement; Notice and Take Down Procedures
WINEDROPS specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
15. Severability If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
16. Waiver; Remedies; Variations, Entire Agreement
The failure of WINEDROPS to partially or fully exercise any rights or the waiver of WINEDROPS of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by WINEDROPS or be deemed a waiver by WINEDROPS of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of WINEDROPS under these Terms and any other applicable agreement between you and WINEDROPS shall be cumulative, and the exercise of any such right or remedy shall not limit WINEDROPS’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order.
17. Governing Law
The operation of our site and Contracts for the purchase of Goods through our site are 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.
18. Raffles
a) The cost of each ticket entry can vary depending on the prize. Payment to enter the raffle must be made in advance of the draw date. Any payment received after the draw date will be refunded.
b) No tickets can be sold to, on behalf of, or for a person under the age of 18 years. Winedrops reserves the right to carry out age verification checks.
c) If a ticket is sold unknowingly to, on behalf of, or for a person under the age of 18 he/she will be exempt from the raffle and will forfeit his/her prize and the stake will be returned.
d) Only Winedrops members on Mainland UK are eligible for entry. Any entries made by people outside of this designation will forfeit his/her prize and the stake will be returned.
e) Free entry by post: To enter any Competition for free, you must be a Winedrops member. If you have done so you must send your full name, postal address, date of birth, e-mail address, contact telephone number by post to Winedrops, Unit 5 Kenrich Business Park, Elizabeth Way, Harlow, CM195TL specifying the Competition you wish to enter and any details required in connection with the relevant Competition. First or second-class postage must be paid. Postal Entries are limited to one Entry to each Competition per person. Multiple entries of persons living in the same household are accepted up to the maximum order for that promotion. Each entry however will need to be sent separately. A random number will be allocated to each correct and valid free Entry by us in the same way as for paid entries. Save as specified in the Agreement or as required by context, all free Entries will be treated in the exact same way as a paid Entries.
f) The winner is announced via video where all Winedrops members can see the full names of raffle participants. By purchasing a raffle ticket, you acknowledge that your full name will be made visible on the video where the winner is picked.
e) By purchasing a raffle ticket, you are giving us permission to take photos and videos of you for our public social media if you win.
19. Rules for Purchasing and Storing Wine
Wine purchases are non-refundable (unless in the circumstances stipulated in Section 8 'Refunds'). Once you have requested to purchase a bottle of wine, we reserve the right to charge your bank account and store your wine until you want it to be delivered.
a) If you cancel your account while we are storing wine for you, you have no right to a refund. To receive your wine, you must pay the outstanding delivery charge.
b) We will store your wine free of charge for 180 days. After this point, your account will be charged £10 per month for every 6 bottles you have stored with us.
20. Introductory 'free/complimentary/99p wine offer'
a) The introductory offer of a 'free/complimentary/99p wine' is limited to one bottle per new member to our £90 annual membership plan.
b) The intention of this offer is that the new member goes on to add more bottles to their case, thereby bringing the total cost of the package above Scotland's Minimum Unit Pricing.
c) However, if the member wants to dispatch the introductory offer on its own, we are forced to comply with Minimum Unit Pricing, currently 50 pence per unit. This will bring the overall cost of that introductory offer bottle to £5.