Pieroth Limited terms and conditions of supply
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Pieroth Limited (incorporating Vicomte Bernard de Romanet) a company registered in England and Wales under number 698603 and whose registered office is at MULBERRY HOUSE, PARKLAND SQUARE, 750 CAPABILITY GREEN, LUTON, BEDFORDSHIRE, LU1 3LU.
2.2 How to contact us. You can contact us by contacting our customer services team by telephone on 01582 458869 or by email at customerservices@pierothwine.co.uk or by writing to our registered office and addressing your correspondence to “Customer Services Team”.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified. In the event of one wine being discontinued or temporarily out of stock, we will delivered to you a similar wine or one of better quality at no extra charge.
3.3 Your order number. When we accept your order we will assign an order number to your order which you should quote whenever you contact us about your order.
4. Providing the goods
4.1 Delivery costs. The costs of delivery will be £9.95 plus VAT unless we notify otherwise prior to your order being accepted by us.
4.2 Delivery date. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We will seek to contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
4.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
4.4 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply.
4.5 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or the time you collect them from us.
4.6 When you own goods. You own the goods once we have received payment in full for the goods which you have ordered.
5. Your rights to end the contract
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 8; or
(b) If you have just changed your mind about the goods, see clause 5.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online or off-premises you have a legal right to change your mind within 14 days and receive a refund.
5.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(b) contracts for the sale of goods for less than £42.
6. How to end the contract with us (including if you have changed your mind)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting our customer services team using the details set out in clause 2.2.
6.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services team using the details set out in clause 2.2 for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
6.3 Charges for returns. If we are collecting the goods from you, we will charge you the direct cost to us of collection. If you are returning the goods yourself you must pay the costs of return.
6.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
6.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
6.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. If we have already provided you with the goods we may be entitled to require you to return the goods or to pay the price for the goods.
8. If there is a problem with the goods
8.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact our customer services team using the details set out in clause 2.2.
8.2 Your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. You must pay the costs of postage or collection. Please call customer services team using the details set out in clause 2.2 for a return label or to arrange collection.
9. Price and payment
9.1 Where to find the price for the goods. The price of the goods (which excludes VAT at the prevailing rate) will be as quoted by the sales representative and advised in writing at the time of placing an order. We take all reasonable care to ensure that the price of the goods advised to you is correct but please see clause 9.3 for what happens if we discover an error in the price of the goods you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay. We accept payment by debit or credit card (except Diners Club, Electron and American Express) or by cheque on order made payable to “Pieroth Limited” crossed “A/C Payee only”. Payment will be taken before despatch unless delayed payment terms have previously been agreed.. Please quote your order number and (if known) your customer number when making payment.
9.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 1.5% a month. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9.7 Credit Notes. If we have issued a credit note, this must be redeemed within 12 months of issue after which it will no longer be valid.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and match information we provided to you and any sample examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. Unless otherwise agreed, we only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy at www.pieroth.co.uk/privacy.html. Please note that we will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency.
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland, Wales or Northern Ireland you can bring legal proceedings in respect of the goods in either the English courts or in the courts of the country in which you live.
