These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.twistedcork.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means The Twisted Cork whose main trading address is Tower Business Park, Kelvedon Road, Tiptree, Essex CO5 0LX.
- Information About Us
2.1 Our Site, www.twistedcork.co.uk, is owned and operated by The Twisted Cork whose main trading address is Tower Business Park, Kelvedon Road, Tiptree, Essex CO5 0LX.
- Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
4.2 None of the Goods on Our Site may be purchased by anyone under 18 years of age.
- International Customers
Please note that We only deliver within the United Kingdom.
- Goods, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary on occasion.
6.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
6.3 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications rely on internal system synchronisation where there may be a slight delay.
6.4 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every 7 days. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
6.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.8 All prices on Our Site include VAT and are quoted in pounds sterling. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.9 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to information on our Home Page. Delivery options and related charges will be presented to you as part of the order process.
7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.4.4 Estimated delivery date(s)
7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 3 business days.
7.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8.2 We accept the following methods of payment on Our Site:
8.2.1 Visa, Mastercard, Maestro, Paypal and Stripe
8.2.2 Twisted Cork Voucher code;
8.3 We reserve the right to terminate any special offer at any time, without notice.
9.1 Where we deliver: We will deliver your wine to anywhere in the United Kingdom except for the Channel Islands (this does include Northern Ireland, the Highlands, Scottish islands, the Isle of Man and the Scilly Isles).
9.2 Delivery Timescales
9.2.1 For all orders placed before 3pm, we will offer our standard delivery service priced at £7.50. However, there may be some exceptions as listed in Clause 9.3.
9.2.2 Our standard service delivery days are Monday to Friday (excluding Public Bank Holidays)
9.2.3 Delivery service levels may be affected by situations such as (but not limited to); increased volume specifically during gift giving periods, adverse whether, or any other event that restricts the services of our delivery partner
9.2.4 Orders placed during the weekend (or after 3pm on Friday) will be actioned as though they were received before 3pm on a Monday (excluding Public Bank Holidays). However, there may be some exceptions as listed in Clause 9.3
9.3 Delivery exceptions
9.3.1 Delivery will be made free of charge for all orders made for £75 or over in one single purchase.
9.3.2 Delivery will be made sameday and free of charge to all ‘local’ orders made for £45 or more in one single purchase subject to delivery within the following postal codes; CO5, CO6 (Parts), CM8, CM9.
9.3.3 Orders placed for local delivery; CO5, CO6 (Parts), CM8, CM9 be considered as ordered on whichever day ordered therefore excluding them from Clause 9.2.4. This assumes that the order is made for £45 or more. If order is for less than £45 then Clause 9.2.4 applies
9.3.4 Please allow up-to 72hours for deliveries to Scotland and Wales.
9.3.5 Due to the nature of the product (being alcohol), deliveries will need to be signed for. If you choose for a ‘leave safe’ option, we cannot be responsible for non-delivery.
9.3.6 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.
9.4 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
9.5 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.6 Any refunds due under Clause 10 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
- Damaged, Missing or Incorrect Products
10.1 In the unlikely event that your products are damaged, missing or incorrect please let us know within 14 days.
10.2 Where the order is a single product item we will collect the item and then once we have confirmed receipt of that item we will send the correct replacement free of charge. Delivery of the replacement product should take place within 7 working days of you notifying us regarding the incorrect item.
10.3 Where the incorrect, missing or damaged product is part of a case we will refund with the price you paid or a proportion of the total order price representing the proportion of the incorrect, missing or damaged order contents.
10.4 Refunds (whether full or partial, including reductions in price) under this and Clause 11 will be issued within 7 calendar days of the day on which We agree that you are entitled to the refund.
10.5 Refunds under this and Clause 11 will be made using the same payment method that you used when ordering the Goods.
10.6 If a refund is due for an order purchased using a voucher or voucher code, then a replacement voucher or voucher code will be provided.
- Cancelling and Returning Goods if You Change Your Mind
11.1 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 products are unopened and intact.
11.2 In order to cancel your order, you must email [email protected] or confirm in writing to The Twisted Cork, Tower Business Park, Kelvedon, Essex CO5 0LX
11.3 It is your responsibility to hold onto the wine and take reasonable care of it until we come to collect it. Once we have confirmation the case is collected we shall reimburse the price of the wine within 10 working days.
11.4 Any products collected by our carrier must be in their original box to avoid further breakages, where possible. If the packaging has become damaged or weakened the courier will not accept the package. Please email [email protected] before requesting a collection, or as soon as possible, if this is the situation.
11.5 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or inaccurately described goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen’s Advice Bureau. Please contact us on [email protected] if you have any queries.
- Our Liability to Consumers
12.1 Nothing in these Terms and Conditions shall exclude The Twisted Cork’s liability for personal injury or death caused by its negligence.
12.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
12.2.1 loss or damage was not foreseeable to both parties when the contract was formed;
12.2.2 loss or damage was not caused by any breach on the part of the supplier;
12.2.3 loss or damage relates to business and/or non-consumers.
12.3 Subject to Clause 12 we will not be liable for loss or damage caused by the customer handling of our products. In particular we will not be liable for spillages or breakages.
12.4 Customers should also be aware of the following inherent risks and warnings:
12.4.1 Alcohol should be consumed in moderation.
12.4.2 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.
12.4.3 Red wine in particular may cause staining if spilt so extra care should be taken.
12.4.4 Sparkling wines and champagnes can be volatile due to the build-up of gases, extra care should be taken when opening these.
- How We Use Your Personal Information (Data Protection)
13.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
- Law and Jurisdiction
14.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales