Terms & Conditions
Where to find information about us and our products
You can find everything you need to know about us, WineSmash, and our products on our website before you order. We also confirm the key information to you in writing after you order, by email.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that
- We only accept orders when we’ve checked them.
- Sometimes we reject orders.
- We charge you when we supply your product (on shipping).
- We charge interest on late payments.
- We pass on increases in VAT.
- We’re not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- If you are a consumer and you bought online, you have a legal right to change your mind.
- You can end an on-going contract (find out how).
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Policy.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and then we contact you again (normally within 2 days) to confirm we’ve accepted it.
By placing an order, you confirm you are over 18 years of age. Anyone under the age of 18 who attempts to order or take delivery of alcohol will have the sale cancelled. It is an offence in the UK to sell alcohol to any person under the age of 18 online and we operate age verification checks.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
Our website is only for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK or countries where it is illegal to ship alcohol to.
We charge you when we supply your product (on shipping)
However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content), you will own it once we have received payment in full.
If you are a business customer you have no set-off rights
If you are a business customer all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: orders@winesmash.com to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their picture
A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
If you are a consumer and you bought online, you have a legal right to change your mind
Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind. You can’t change your mind about an order for:
- digital products, after you have started to download or stream these;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after
- the day we deliver your product, if it is goods, for example a bottle of wine. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, our WineSmash tasting game), although you can’t change your mind about digital content once we have started providing it.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: orders@winesmash.com or download and fill in a print-out of our cancellation form and post it to us at C P House, Suite 11, Otterspool Way, Bushey, Watford WD25 8HR.
You have to return the product at your own cost. If your product is goods, for example, a bottle of wine, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can:
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns: contact our Customer Service Team: orders@winesmash.com.
We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: orders@winesmash.com can advise you on whether we’re likely to reduce your refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team:orders@winesmash.com.
You have rights if there is something wrong with your product
- conform with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a business);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
We can change products and these terms
- to reflect changes in relevant laws and regulatory requirements (For example, changes in wine labelling laws;
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
For example, a substitute from a range of similar quality wines may be made if a particular wine is unavailable. This means if wine in your order is unavailable, we shall replace it with a similar wine of equal or higher value of our choice.
For example, we may change the vintage from the one you ordered, and shall replace it with a similar vintage wine of equal or higher value of our choice.
We can suspend supply (and you have rights if we do)
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms).
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 1 month in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, correct delivery address details or payment card details;
- you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don’t compensate you for all losses caused by us or our products
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses
following the installation instructions or having the minimum system requirements advised by us.
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We use your personal data as set out in our Privacy Policy
How we use any personal data you give us is set out in our Privacy Policy