Terms & Conditions - Gusto Wines

We want you to be completely happy so please read these Terms of Sale carefully before placing your order and print a copy of these and your order for future reference. We may change the content of our site from time to time, including the terms of use. By using the site (by whatever means or device) you agree that you have read, understood and accept these terms (as amended from time to time). If you do not agree to be bound by these terms, you may not use or access our site or place an order with us.

The website is owned and operated by:

Gusto Wines Ltd,
Unit 6, Ford Lane Business Park,
Ford, West Sussex, BN18 0UZ
Tel: 01243 554499
sales@gustowines.com

All enquiries should be directed to the above address. Our VAT Number is: 141 5815 27 and our Company Registration Number is: 08185367 England.

Age Restrictions

It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Gusto Wines Ltd is committed to upholding its legal and social obligations as a retailer of intoxicating liquor and operates a Challenge 25 policy whereupon the person receiving the delivery will be requested to provide proof of age to the delivery driver if they appear to be under 25 years of age. By placing an order you confirm that you and the recipient of the wine are at least 18 years old.

Pricing & Availability

This website is subject to stock remaining on hand and is subject to duty, exchange and market fluctuations. You will appreciate that stock positions and prices are subject to continual change and revision. Therefore we reserve the right to alter prices and end promotions at any time without notice.

Every effort is made to ensure that prices shown on the Company’s website are accurate at the time you place your order. If an error is found, the Company will inform you by email to the address provided on your order form as soon as possible and offer you the option of reconfirming your order at the correct price, choosing another wine or cancelling your order. If you cancel, the Company will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

Every effort is made to ensure stock levels are accurate at all times, however errors sometimes do occur. If an error is found, the Company will inform you by email to the address provided in your order form as soon as possible and offer you the option of a substitute of a similar item of equivalent or higher value or cancelling your order. If you cancel, the Company will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

In addition to the price, you may be required to pay a delivery charge for the goods, as shown during the checkout process on the Company’s website. If you do not agree with the delivery price stated during checkout then you do not have to proceed with your order.

The price of the goods and delivery charges are inclusive of VAT where stated.

Your credit/ debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit and charge cards, the Company may validate the names and addresses supplied during the order process against commercially available records (e.g. Electoral Roll data). We may need to contact you by letter, telephone or email to verify details before we are able to dispatch your order.

Goods supplied remain Gusto Wines Ltd property until full payment has been received.

We retain the right to cancel an order and credit it in full.

Fraud Prevention

We take credit card fraud very seriously and carry out checks on every order we receive. For the protection of all our customers, we will cancel any order that fails these checks, or on the advice of our payment provider, the issuing bank or the cardholder.

If an attempted order is shown to be fraudulent, we will inform the police and cancel any further orders traced to the same customer.

Delivery

The goods you order will be delivered to the address you give when you place the order. When placing your order you may wish to contact us with instructions for delivery alternatives in case you are not in.

All goods must be signed for on delivery by an adult aged 18 or over. Gusto Wines Ltd is committed to upholding its legal and social obligations as a retailer of intoxicating liquor and operates a Challenge 25 policy whereupon the person receiving the delivery will be requested to provide proof of age to the delivery driver if they appear to be under 25 years of age. If there is no one at the address who is competent to accept delivery of the goods, the recipient will either be notified of an alternative delivery day or be asked to contact the courier to arrange re-delivery.

Every effort will be made to re-deliver the goods to you within 3 working days however, in rare cases, this may be as long as 10 working days. A working day is any day other than weekends and Bank or other public holidays.

You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

Further terms and conditions regarding delivery can be read here.

Payment

You can pay by Visa, Visa Debit, MasterCard and Maestro. You can have full confidence that our online ordering service is fully secure. All credit card transactions are processed using the highly secure payment gateway, WorldPay, and your credit card details are never stored in order to create a safe and secure shopping experience for you.

Please note we will ask you to enter your date of birth before making any purchases.

Payment will be taken at the time you press the ‘Place Order’ button.

Cancellation of Orders

As you are entering into a distance selling contract, you may cancel your order at any time from the point of placing the order until 14 calendar days after the day the goods are delivered as per the Consumer Contract Regulations 2013 (which supersedes the Distance Selling Regulations 2000).

To exercise your right of cancellation, you must give written notice to the Company by email, to sales@gustowines.co.uk and include details of the goods ordered and (where appropriate) their delivery.

Once you have notified the Company that you are cancelling the contract, the Company will refund or credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods from the receipt of the returned goods.

You are required to take reasonable care of the goods while they are in your possession such that they are returned to us in a saleable condition, and the entire order must be returned.
We retain the right to cancel an order and credit it in full if a payment does not meet the requirements of our stringent security checks.

Returns

In the event that a wine sold for under £50.00 is corked or otherwise out of condition we will offer a refund or a replacement once it is returned to us for inspection ( as long as this is within 90 days of purchase) and we confirm the fault. We can arrange a courier for you or you can return the wine yourself, but please note you will be required to pay all carriage charges in both directions.

We regret that we will not refund or exchange corked or out of condition wines sold for £50.00 or more. The fine wines are sold as seen.

We will not refund or exchange any wine which has been open too long or improperly stored.

In the event that your order or part of your order is broken in transit we will offer a replacement (provided we can still supply the product from stock) or a refund as you choose and you will not be liable for any additional delivery charges.

Should your order arrive damaged you may either refuse the entire delivery or note down the damage with the delivery driver when receiving the goods. If you sign for the goods without doing this, it will be assumed they have been received in good condition, so please check your delivery carefully.

In the event that the wrong products are delivered to you we will replace them (provided we can still supply the product(s) from stock) or refund your order. You will not be liable for any additional delivery charges in this instance.

If you wish to return wine for any other reason, we will be happy to exchange it for another product (or may offer a refund at our discretion). The wine must be returned within 90 days of purchase and you will be liable for all transportation costs. The wine returned must be unopened and in saleable condition. Please contact us if you wish to discuss returning a wine.

Complaints and Queries

If you are not happy with any aspect of our service, or if you have any queries or comments, please telephone us on 01243 554499, email us at sales@gustowines.co.uk or write to Gusto Wines Ltd, Unit 6, Ford Lane Business Park, Ford, West Sussex, BN18 0UZ.

Data Protection

The Company will take all reasonable precautions to keep the details of your order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.
The Company will use the information you provide about yourself for the purpose of fulfilling your order. The Company would like to notify you of products and offers that may be of interest to you from time to time, and if you would not like to be notified of these, please email sales@gustwines.co.uk heading your email ‘unsubscribe’. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Company at sales@gustowines.co.uk.

Applicable Law

These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Use & Availability of the Company Site

To comply with licensing and other legislation, the site is only available to those aged 18 years and over. By using this site, you agree that you are aged 18 or over. If you are not, you must not use the site. We will ask you to enter your date of birth before making any purchases.

You agree to use the site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the site.

Access to the site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the site without notice. We will not be liable for any reason if the site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your Internet connection are aware of these terms and that they comply with them.
Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

Miscellaneous

The Company shall not be responsible for any breach of these Terms of Sale caused by circumstances beyond its reasonable control.

The company site is owned and operated by Gusto Wines Ltd, a company registered in England and Wales under company number 08185367 having its registered office at to Gusto Wines Ltd, Unit 6, Ford Lane Business Park, Ford, West Sussex, BN18 0UZ. If you have any queries please contact sales@gustowines.co.uk.

Liability

Please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including but not limited to any of the following: act of God, governmental act, war, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

We will not be liable for loss or damage caused by the customer handling the wine. In particular we will not be liable for spillages or breakages.

Inherent Risks & Warnings

Customers should be aware of the following inherent risks and warnings:

  • Alcohol should be consumed in moderation.
  • 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.
  • Red wine in particular may cause staining if spilt so extra care should be taken.
  • Sparkling wines and champagnes can be volatile due to a gas build up. Extra care should be taken when opening the bottle.

Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Gusto Wines Ltd and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Gusto Wines Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Gusto Wines Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Last Revision Date: December 2015