Terms & Conditions

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should keep a copy of these Terms for future reference.

We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms that apply at that time.

Information about us

We are Rude Wines Limited and we operate the website www.rudewines.co.uk. We are registered in England and Wales under company number 05527930. Our registered office is at Lynden House, New Mills, Lower Road Trading Estate, Ledbury, Herefordshire, England HR8 2DJ, which is also our main trading address. We are a limited company and our VAT number is 155183216.

Pricing

All prices are inclusive of UK VAT, unless otherwise stated.

Delivery Terms

Our delivery timescale is usually 2 to 5 working days. If you’re not in, the driver should leave a card to re-arrange a more convenient delivery time. This is a wine delivery therefore it must have proof of signature and cannot be left otherwise. If you have left delivery instructions for the driver through Rude Wines, either by telephone or via the website, Rude Wines cannot be held liable for any goods which are lost or stolen, and you make these arrangements at your own risk. You can track your order at any time by clicking on the “track my order” link within your Order Dispatched notification email. Or simply contact our Customer Service team via: enquiries@rudewines.co.uk who will be happy to help.

Minimum Order & Delivery Charge

Minimum purchase is 6 bottles which will incur a standard delivery charge of £4.99 (some special offers or promotions may give free delivery). Free Delivery is available on all orders of 12 or more bottles. The Accessories and Wine Gifts include a delivery charge.

Delivery Location

Mainland UK. Extended lead times apply to orders delivered to Northern Ireland, Scottish Islands, Isle of Man and Scilly Isles. No delivery to Channel Islands or overseas.

Cancelling your order: your Consumer Right of Return and Refund

The following provisions only apply to you if you are a consumer.

You can, for any reason, any time up to 14 calendar days from the day after the date you receive your wine provided all bottles are unopened, intact and returned to us in good condition within 14 calendar days of cancellation. We will reimburse you within 30 days from the date you notify us of the cancellation.

Your right to cancel starts from the date of the Despatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is the point at which the Contract between us is formed.

Your Contract is for a single order (which is not delivered in instalments on separate days) therefore the end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Should you wish to exercise your right to cancel, please complete and return the Cancellation Form. We will then email you to confirm your cancellation. You can also email us at enquiries@rudewines.co.uk if you are a consumer (or call 0344 561 0543 if you are a business customer).  Alternatively, you can write to us at Lynden House, New Mills, Lower Road trading Estate, Ledbury HR8 2DJ. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us (although we may require proof of postage). For example, you will have given us notice in time as long as you get your letter into the last post of the last day of the cancellation period or email us before midnight on that day.

If you cancel you Contract we will:

a)     Refund you the price you paid for the Products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

b)     Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

c)     Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

                     (i)        If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent to Product back to us. For information about how to return a Product to us, please see below;

                    (ii)        If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.

We will refund you on the credit or debit card used by you to pay. If you used the vouchers to pay for the Product, we may refund you in vouchers.

If a Product has been delivered to you before you decide to cancel your Contract:

a)     You must return it to us without undue delay ad in any event not later than 14 days after the day on which you let us know that you wish to cancel your Contract. You can send it back using our authorised carrier. Please see our Returns page for our returns address, printable labels and information about our authorised carrier and how to arrange a return. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you on the contact details you have provided to arrange a suitable time for collection.

b)     Unless the Product is faulty or not as described, you will be responsible for the costs of returning the Products to us. As the Products are unsuitable for return by post, we estimate that if you use the Carrier which delivered the Product to you, these costs would not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge £7 for collection of each case of wine.

Substitution

Occasionally we do have to substitute wines. These may be for the same wine of a later vintage, or an alternative choice of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.

Non-delivery

Claims for non-delivery must be made within three months of your order date.

Further help

Please contact any member of our customer service team: email us on enquiries@rudewines.co.uk

Age Restrictions

It is against the law to sell or indeed supply intoxicating substances to persons under 18 years of age in the UK. By placing an order you confirm that you 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 this is not satisfied they are not permitted to leave the wine. For more information please visit www.drinkaware.co.uk. 

We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. Personal information you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed and your credit rating will be unaffected.

Gift Vouchers

You can cancel via email at enquiries@rudewines.co.uk OR by calling us on 0344 561 0543. If you have any vouchers in your account, we cannot refund these. But you will get back every unspent penny that you've paid in!
You will be pleased to know that the funds are kept in a separate bank account which is ring fenced so that if anything goes wrong with Rude Wines, your money remains secure. Rude Wines can only use the money against wine purchases that you wish to make with Rude Wines.
We reserve the right to make changes to these terms and conditions from time to time. It is your responsibility to keep up to date with any changes by familiarising yourself with them from time to time.

VIP Membership

We do not currently run a VIP Membership Club so no monies will be taken out of your account in the future, there is no commitment to purchase any more wine. You can visit www.rudewines.co.uk at any time should you wish to order more wines. No clubs, no commitment.

Referrals

Share the Experience to activate the £20 credit the friend you have recommended once they have purchased we will activate your £20 worth of credit to spend on a future order at Rude Wines. Offer applies to full priced items only at the price and quantity stated online. Your chosen friend must be a new customer to Rude Wines. From time to time we may also run time-limited promotions for extra rewards. Where a termination day for the promotion is indicated (e.g. "Monday"), this will always mean the relevant day immediately following the launch of the promotion. Referred "friends" cannot be members of the same household.

Promotions

Only one promotion will apply per order. Gift Vouchers and Promotions cannot be used in conjunction on the same order. Limited availability promotions may be used, either with an expiration date, or with a maximum number of redemptions. Gift Vouchers and Promotions cannot be used in conjunction with a quarterly or Christmas VIP box purchase. Some special offers, usually cases with a higher Recommended Retail Price, are ineligible to be used against voucher codes. Rude Wine's Christmas boxes typically fall into this category.

"Our gift to you" vouchers

"Our gift to you" vouchers entitling customers to a reduced-price case, or case including a free gift, are for first-time, new customers only, and are limited strictly to one case per customer. All promotions apply only while stocks last. As with all cases, from time to time we may make substitutions to the wines advertised for alternatives of equal or greater value.

Offers policy

As you would expect, any special offers, deals or discounts you may receive by email, post or other channel, are mutually exclusive and you are not entitled to use any one offer in conjunction with any other offer.

100% Satisfaction Guarantee

Here at Rude Wines we want to make sure you are 100% satisfied with the products and services you receive from us. If you are not happy with one of our wines, you won’t pay for it. If some or all of the bottles of wine in a case are broken or spoiled when they are delivered, you should notify us as soon as possible. We guarantee to replace or refund within 30 days from receiving notification. You should contact us immediately: email enquiries@rudewines.co.uk. Please note that specially discounted introductory offers, as well as Mystery Box promotions, are exempt from this guarantee and you may receive a refund or replacement only in the event of faulty stock.

Our Liability if you are a Consumer

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by both you and us at the time we entered into this Contract.

We only supply the Products to you for domestic or private use. You agree not to use the Product for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We do not exclude or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of the terms implied by Sections 12, 13, 15 of the Sale of Goods Act 1979 or for defective products under the Consumer Protection Act 1987.

Our Liability if you are a Business

We only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes.

Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any other liability  that cannot be limited or excluded by law.

Subject to the above, we will in no circumstances be liable to you, whether in contract, tort, breach of statutory duty or otherwise, arising under or in connection with the contract for any loss of profits, sales or revenue; for loss of corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill or any indirect or consequential loss.

Subject further to the above, our total liability to you in respect of all losses arising under or in connection with the Contract, shall in no circumstances exceed 110% of the price of the Products.

Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, warranty or condition that might otherwise be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

Force Majeure

We will not be liable for events that are beyond our control (a Force Majeure Event), including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat of war, flood, fire or other natural disaster or failure of public or private telecommunications networks.

If an event beyond our control takes place that affects the performance of our obligations under the Contract, we will endeavour to contact you as soon as reasonably practicable and our obligations will be suspended for the duration of the Force Majeure Event.

You may cancel a Contract affected by a Force Majeure Event which has continued for 30 days. Please contact us should you wish to exercise this right. You will have to return (at our cost) any relevant Products that you have already received and we will refund the price you have paid, including the delivery charges.

Complaints

If you are dissatisfied with our performance in any way, please contact our customer services department immediately: email us on enquiries@rudewines.co.uk. We will try to resolve issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved. We are continually aiming to improve our level of customer service and we value your opinion, so please contact us at any time with your thoughts.


Competitions

'Leave a Review Monthly Prize Draw'

The terms and conditions are based on the following assumptions which are reflected therein:

  • The prize draw is open to all UK residents aged 18 years or over.
  • Each review will qualify for entry into that specific months prize draw for the six bottle case of wine.
  • The winner will be randomly chosen each month on the last day of that given month during 2017.
  • The winner will be notified by email or telephone on. Should the winner not respond within 24 hours another winner can be selected.
  • The prize, being a six bottle case of wine will be sent to the winner by courier within 7 days.
  • The prize for the winner is non-exchangeable
  • Winners may be required to participate in publicity related to the monthly prize draw.

'Mother's Day Promotion Prize Draw'

The terms and conditions are based on the following assumptions which are reflected therein:

  • The prize draw is open to all UK residents aged 18 years or over.
  • We are giving 2 lucky winners a bouquet of flowers each to be delivered to an address of their choice within the UK in time for Mother’s Day.
  • Any purchase made between Noon Tuesday 21st March and by 2pm Thursday 23rd March 2017 will entitle you to be entered automatically into the Rude Wines prize draw.
  • The winner will be randomly chosen at 2.30pm Thursday 23rd march 2017.
  • The winner will be notified by email or telephone on. Should the winner not respond another winner can be selected.
  • The prize, being a bouguet of flowers will be delivered by 26th March 2017.
  • The prize for the winner is non-exchangeable
  • Winners may be required to participate in publicity related to the prize draw.

'Loyalty Discount Offer'

The terms and conditions are based on the following assumptions which are reflected therein:

  • This discount card cannot be used in conjunction with any other offer, and can only be used on full priced items.
  • You must be over 18 or over to buy alcohol.
  • There is no obligation or commitment to buy more wine.
  • Each unique code can only be used once
  • The 15% discount code is valid for two months from receipt, the 10% discount code is valid for four months from receipt and the 5% discount code is valid for six months from receipt.

Privacy Policy

At Rude Wines we are committed to protecting and respecting your privacy. We will keep any personal data which you provide to us safe and secure, and use it in accordance with the Data Protection Act 1998. The following paragraphs detail our Privacy Policy  which describes how we may collect and use your personal data. We may make changes to this Privacy Policy from time to time and any changes will be posted on this page.

Information which we may collect from you

We may collect and use any information which you provide to us: Through our websites www.rudewines.co.uk, (our “websites”) when you register to use our service; add or change details of your accounts, or make any payment; when you contact us, post material or request other services from us. We may also ask you for certain information if you report a problem with our website. We also retain information about your visits to our website and the resources that you access.

IP addresses

We may collect information about your computer or mobile phone, including where available your IP address, operating system and browser type, for system administration and to report statistical information to our advertisers about our users’ browsing actions and patterns. This information does not identify you as an individual.

Storage and security

All information which you provide to us is stored on secure servers in the UK. Any payment transactions will be encrypted using SSL technology and our web hosts are fully compliant with the Payment Card Industry Data Security Standard (PCI DSS). Appropriate levels of security are applied in the collection storage and use of your credit or debit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

How we use your personal data

We may use your personal data in the following ways: To process your payments and manage your purchases; To carry out our obligations in any contracts entered into between us, and to answer any of your questions and enquiries; To enable us to develop and market other products and services and to improve our website, and any other goods or services which may offer, and to notify you about changes to these; To allow you to participate in interactive features of our service, when you choose to do so.

Marketing

We may also use your personal data to provide you with information about products and services which may be of interest to you. We may contact you about these by post, email or telephone.We do not pass on your personal details to any third parties for marketing purposes, excepting subsidiaries of Rude Wines or our ultimate holding company. We may share your personal data with any of our subsidiaries or our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may share your personal data with third parties to the extent necessary to process your payment. We may also disclose your personal data to third parties: If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer, and if we sell any business or assets your personal data will be one of the transferred assets; If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or in order to enforce any of our terms of business or other agreements; or to protect the rights, property, or safety of Rude Wines, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You can ask us at any time to stop sending marketing information to you by contacting us at the email address enquiries@rudewines.co.uk. You may request details about the information hold about you by writing to The Data Protection Officer at the address enquiries@rudewines.co.uk. We may charge you a fee of £10 to cover our costs in meeting your request.

Third party links

Our website may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, you should note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Contact

Questions, comments and requests regarding this privacy policy should be addressed to enquiries@rudewines.co.uk.

Cookie Policy

Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy. How we use cookies Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. We may use the information we obtain from your use of our cookies to recognise your computer when you visit our website; to track you as you navigate our website, and to enable the use of logins to our website; to improve the website's usability; to analyse the use of our website; and in the general administration of this website.

Third party cookies

When you use our website, you may also be sent third party cookies. Our advertisers/service providers may send you cookies. They may use the information they obtain from your use of their cookies to track your browser across multiple websites and to build a profile of your web surfing. In addition, we use Google Analytics to analyse use of this website. These services generate statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. The companies providing these services will store this information. Google's privacy policy is available at: www.google.com/privacypolicy.html.

Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

www.rudewines.co.uk and any other Rude Wines hosted sites are operated by Rude Wines Limited ("We"). We are registered in England and Wales under company number 05527930 and have our registered office at Lynden House New Mills, Lower Road Trading Estate, Ledbury, Herefordshire, England HR8 2DJ which is also our main trading address. We are a limited company.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our Liability with regards to our site

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@rudewines.co.uk.

Jurisdiction and applicable law

If you are a business, you irrevocably agree that the English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms and Conditions, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

If you are a consumer, these Terms and Conditions are governed by English law and you agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are resident in Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you have any concerns about material which appears on our site, please contact enquiries@rudewines.co.uk.

Please note that we may also change these Terms and Conditions at any time without prior notice.

Other Important Terms

We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights and obligations under these Terms.

You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

This Contract is between you and us and no other person shall have any rights to enforce any of the terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of the Products

Each of the terms and paragraphs operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

If we fail to insist that you perform your obligations under these terms, if we do not enforce our rights against you or we delay in doing so, that will not mean that we have waived our rights against you. If we do waive a default by you, we will only do so in writing. Any waiver does not mean that we will automatically waive any later default by you.



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