Terms and Conditions of Sale
The terms and conditions of sale indicated below ("Terms and Condition of Sale") apply to all the sales and deliveries of products marketed on libiamowines.co.uk
(the "Site"). Customers must carefully examine the present Terms and Conditions of Sale before completing the online purchase procedure. By performing an order, the Customer accepts to comply with the present Terms and Conditions of Sale.1. DEFINITIONS
The term "Customer" refers to any natural person who is acting for purposes that are outside his trade, business, craft, or profession;
The term "Seller" refers to the subject performing the sale of the goods to which the present Terms and Conditions of Sale relate.2. PARTIES
Seller: Libiamo Limited, with registered offices at 9 Seagrave Road, London SW6 1RP, United Kingdom.
Customer: he/she expressly declares to perform the purchase(s) for purposes unrelated to any commercial or professional activity pursued and undertakes not to trade in the goods purchased.
By law, the Seller is NOT authorized to sell alcoholic products (the "Products") to individuals under 18 years of age. By placing an order for alcoholic products on this Site, the Customer is declaring to be 18 years old of age or more.3. PURCHASE PROCEDURE AND CONTRACT EXECUTION
Under the present Terms and Conditions of Sale, the Seller sells and the Customer acquires, respectively, only the tangible Products indicated and offered for sale on this Site.
The contract of sale between the parties is considered executed and effective only upon dispatch of the Products by the Seller. Until that moment, the Seller retains the right to refuse or cancel the order.
Confirmation of the order implies that the Customer has accepted the present Terms and Conditions of Sale.
Orders are subject to availability and to acceptance by the Seller; the latter may, at any time and at its own discretion, refuse or cancel the Customer's order: for example, this may happen when any information provided by the Customer is wrong or misleading; when the Products have been mistakenly described or priced on the Site; when the Products are no longer available, the Seller does not deliver at the address provided by the user and in other cases.
The Seller will promptly notify the Customer by e-mail when an order is refused or canceled for any reason whatsoever.4. PAYMENT METHODS AND PRICES
Order payments shall be carried out in advance via the payment methods accepted by the Seller, as indicated on the Site.
Prices are reported on the Site and are inclusive of VAT, or any other indirect taxes unless expressly stated otherwise.
Delivery charges are not included unless expressly stated otherwise.5. DELIVERIES
Deliveries are made by third party carriers. Deliveries to the mainland of the United Kingdom usually take place within 2-4 (two/four) working days of the dispatch date.
The Seller reserves the right to restrict deliveries or to refuse services to a Customer when repeatedly unavailable to take delivery or in other exceptional circumstances.6. LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, the Seller shall not be held liable for any poor service or delay in the delivery of products attributable to other parties, to exceptional circumstances or to acts of God, nor for poor service or malfunctions relating to the use of the Internet that is outside its control.
The Seller, furthermore, shall not be held liable for damages, losses or costs incurred by the Customer as a result of failure to execute the Terms and Conditions of Sale for reasons not attributable to the Seller; in that case, the Customer is only entitled to a full refund of the price paid.
The Seller shall not be held liable for any loss or damage caused by the Customer handling the wine, including spillages or breakages.7. LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
The Seller will not be held responsible for consequences deriving from a defective product if the defect is due to the product conformity to a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge, at the moment in which the Seller released the product, did not allow for it to be considered defective. No compensation will be owed where the damaged party is aware of the product's defect and of the dangers deriving from it, or in the case that he voluntarily exposes himself to that danger. In all cases, the damaged party must prove the defect, the damage, and the causal link between the defect and the damage.8. DEFECTIVE PRODUCTS AND REFUNDS
In the unlikely event that the Customer receives defective products, the Customer shall notify the Seller about the Product defects by writing us on our contact page: https://libiamowines.co.uk/en/contact-us
within 14 (fourteen) days of the date of Product delivery.
The Customer will be entitled to a full refund of the purchase price, including VAT and first delivery charges, and to a full refund of the return delivery charges. The Seller will start the refund process within 14 (fourteen) days of the date when the refund has been approved.
The Customer will be entitled to a full refund of the purchase price of the defective Products, including VAT, other taxes, and delivery charges.
A Product is deemed to be defective when corked, oxidized or for any other reason appears out of condition or unsuitable for sale.
The Customer is entitled to opt whether to receive a refund or, instead, replacement Products, where available and upon agreement with the Seller.
Refunds will be made by the same payment method originally used to make the payment.9. RIGHT OF WITHDRAWAL AND REFUNDS
The Customer is entitled to withdraw from the Terms and Conditions of Sale, without penalty or obligation, and without the need to give any explanation, within 14 (fourteen) days of the date of Product delivery. If the Customer decides to exercise the right of withdrawal, the Customer shall notify the Seller about the withdrawal by writing us on our contact page: https://libiamowines.co.uk/en/contact-us
The Customer shall dispatch the products back to the Seller within 14 (fourteen) days of the date when the above notification was submitted.
Upon withdrawal in accordance with the present Terms and Conditions of Sale, the Supplier will refund the purchase price and the first delivery charges to the Customer within 14 (fourteen) days of the date when the withdrawal notice is submitted by the Customer.
The Customer will be entitled to a full refund of the purchase price, including VAT and first delivery charges. The return delivery charges will be borne by the Customer.
If the Customer returns only part of the Products received, the refund will amount to the purchase price of the Products returned, while the refund of the first delivery charges will be determined on a pro-rata basis according to the value of the returned Products.
Refunds will be made by the same payment method originally used to make the payment.
The Customer is responsible to organize and pay for the shipment of the returned Products. Any damages and losses to the Products during the return process will be borne by the Customer.
In the event of withdrawal, the Customer must not remove any product label, slip, cork, open, or damage the Product to be returned. The Product must be in its original condition, tags and packaging included.10. COMMUNICATIONS AND COMPLAINTS
All communications to the Seller must be notified by writing us on our contact page: https://libiamowines.co.uk/en/contact-us11. AMENDMENTS AND APPLICABLE LAW
The present Terms and Conditions of Sale are regulated by the laws of the United Kingdom.
The present Terms and Conditions of Sale may be updated or modified directly through the uploading of the new regulation on this Site. Modifications or updates will be valid and effective for orders that have not yet been concluded.
The effective date of the present Terms and Conditions of Sale is: 3 November 2014
Terms and Conditions of Sale reviewed by www.lawmen.eu