Terms & Conditions

Access to and use of this website (the “Site”) is subject to the following terms and conditions which you are deemed to have accepted in full by accessing the Site. If you do not wish to accept these terms and conditions you should leave the Site immediately.

IN THESE TERMS

‘you’, ‘your’ and ‘yours’ means you, the person(s) accessing this Site.
‘D'Arcy’ means D'Arcy Wine Merchants Limited, its subsidiaries and associated companies.

TERMS & CONDITIONS

These Terms cover your use of this Site. Please ensure that you read carefully all applicable terms, conditions and disclaimers together with the Important Notes relevant to your use of the information that may be offered to you from time to time.

CHANGES TO OUR TERMS

The information, material and content provided in the pages of this Site may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting.

You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any changes.

AVAILABILITY OF SITE, PRODUCTS AND SERVICES

We will endeavour to ensure that the Site is accessible for 24 hours a day. However, we will not be liable if, for any reason, the Site is unavailable at any time or for any period. We have the right to suspend access to the Site temporarily or permanently and without notice. We will not be liable for loss or damages arising in contract, tort or otherwise if the site is unavailable or is suspended for any reason.

USERS

This Site is intended solely for those who access it from within the United Kingdom. Because of this, we cannot guarantee that this Site or the information on it complies with local laws, regulations or restrictions of, or is appropriate for use in, other places. People accessing this Site from outside the United Kingdom must inform themselves about and observe any relevant rules, regulations and restrictions.

You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms.

PRIVACY

Our website, along with most other major websites, use cookies. Cookies are pieces of information that a website transfers to the cookie file on your computer’s hard disk. Cookies enable users to navigate around the website. They enable us to collect information about how our website and services are being used and (where appropriate) enable us to tailor the content to fit the needs of visitors who have accessed the site. We use cookies only to track general patterns on our sites and via links to and from our sites. We do not use the information to target advertising to individual visitors to our sites.

NO WARRANTIES

Whilst we have taken reasonable steps to ensure the accuracy, currency, availability, correctness and completeness of the information contained on the Site, information is provided on an “as is”, &“as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied.

Other than the warranties and representations contained in these Terms, all other warranties and representations, whether express, implied or statutory are, to the fullest extent permitted by the law, excluded. Use of this Site is at your sole risk.

WE DO NOT REPRESENT THAT:

• This Site will be available,
• Access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of transmitted information,
• No viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged.
• We do not provide any guarantee about the accuracy, functionality or performance of any third party software, content or equipment used in connection with this Site.

EXCLUSION OF OUR LIABILITY

To the extent permitted by law, neither we nor any member of D'Arcy shall be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:

• Your use of this Site,
• Your reliance on or your inability to use the information, products or services on this Site, or
• Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.

The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data. All of the above exclusions apply even if you have advised us or any member of D'Arcy of the possibility of the above types of damage, loss or liability.

YOUR OBLIGATIONS

SECURITY - IT IS YOUR SOLE RESPONSIBILITY TO ADEQUATELY:

protect and back up your data and/or equipment,
undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements, and ensure that your computers and your access to this Site are adequately secured against any unauthorised users.

YOUR USE OF THIS SITE - YOU MAY NOT USE THIS SITE OR PERMIT OTHERS TO USE THIS SITE:

in any way (including via electronic means) and for any purpose which is unlawful, defamatory or libelous, offensive, abusive, indecent, menacing or threatening or in any way breaches any intellectual property rights or obligations of confidence, or
to cause annoyance, inconvenience or needless anxiety to any other person or in any other way which is in violation of any applicable law or regulation in any jurisdiction in the world, or
to introduce a virus or other disruptive material or element or otherwise disrupt or impair this Site or any communication service.

LINKS TO OUR SITE

Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. We are not responsible for the set up of any link from a third party website to our Site.

E-MAIL COMMUNICATIONS

There is no guarantee that any e-mail or messages sent over the Internet will be received by us, or that the contents of any such e-mail will remain private during internet transmission. Neither we nor any other member of D'Arcy are responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any third party or any messages sent by or appearing to be sent by us or any third party to you over the Internet (including e-mail).

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including without limitation, copyright, database rights, design rights, patents and trademarks) in the pages, screens, information and materials included in this Site are owned by or licensed to us unless otherwise stated.

You may print, copy, download or temporarily store extracts from this Site for your personal information or use or to help you use our products and services. You must not alter anything contained on or obtained from this Site in any form. Any other use is prohibited unless you first get our written permission. In particular, no one may use a part of our Site on any other website, or link any other website to our Site, without prior written permission.

DATA PROTECTION

All information that we gather from you in connection with your use of this Site (‘your information’) will be processed or otherwise dealt with by us in accordance with our Privacy Policy (as amended from time to time.)

We may, as a result of your interaction with this Site, hold and process personal information obtained about you when you access the Site and use it for servicing our relationship with you, to provide you with products and services, to evaluate the effectiveness of this Site, to conduct our business, and to provide you with better customer services and for statistical analysis.

Your information may also be used for fraud prevention and audit purposes. If you give us false or inaccurate information and we suspect fraud, we will record this and inform the relevant authorities.

By agreeing to these Terms you agree to such data being so used and that it may be transmitted to others as stated above.

We may contact you to ensure that any information you have requested has been received.

Under data protection legislation in the United Kingdom, you can ask in writing for a copy of certain personal records we hold about you. We may make a charge for this service.

IMPORTANT NOTE

If you are not happy with any aspect of our service, please let us know. We will take the first opportunity to resolve matters.

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.


APPLICABLE LAW

This Site is established in England, English Law shall govern its use at all times and in the event of a dispute, the relevant parties irrevocably submit to the exclusive jurisdiction of the English courts.