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Terms & Conditions

DEFINITIONS

In this document the following words shall have the following meanings:

  • “Buyer” means the organisation or person who buys Goods
  • “Goods” means the articles to be supplied to the Buyer by the Seller;
  • “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
  • “Seller” means to Blend and Bottled, a company established in Spain Barcelona (registered number Y3337817W) whose registered office is at Carrer Provença 230, 3-1, 08036 Barcelona Spain (VAT: ES Y3337817W).

General

  • These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
  • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

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. Blend and Bottled is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.

PRICE AND PAYMENT

  • All prices are quoted in Euro’s. The prices include duty and VAT or any other applicable costs, unless otherwise specified.
  • Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
  • Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
  • The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 10 per cent per year
  • If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
    • require payment in advance of delivery in relation to any Goods not previously delivered;
    • refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

SAMPLE

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.

DELIVERY

  • Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  • If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
  • Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.

AVAILABILITY

All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value.

RISK

Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

Risks, warnings and storage conditions

You should be aware of the following inherent risks and warnings in respect of our products:

  • 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, cavas and champagnes can be volatile due to the build up of gasses. Extra care should be taken when opening these.
  • The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

RETURN OF UNUSED GOODS

  • All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
  • Any returns must be authorised by a representative of the Seller before any credit will be given.
  • Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
  • Credit of amounts due or paid in will only be given for goods that are in saleable condition.

Quality Guarantee

As we are confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty subject to the following conditions:

  • If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively if you prefer we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
  • If you don’t enjoy any of the wines or suspect that they may be faulty please contact us by using one of the methods on the “Contact” page and we will be more than happy to assist.

LIMITATION OF LIABILITY

  • The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
  • Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Spain and the parties hereby submit to the exclusive jurisdiction of the Spanish courts.

Blend and Bottled, a company established in Spain Barcelona (registered number Y3337817W) whose registered office is at Carrer Provença 230, 3-1, 08036 Barcelona Spain (VAT: ES Y3337817W).

Last updated: September 2016