Terms & Conditions

Sybarite Cellars™ Ltd (company registration number 10188916)

Privacy Notice > Privacy Policy

 

We are Sybarite Cellars™ Ltd, a limited company incorporated in England and Wales (company number 10188916) whose registered office is at 32 Commondale, London, SW15 1HS, United Kingdom. We are specialist fine wines, spirits, beers & lager and olive oil merchants, and our business operates out of the United Kingdom (UK). Our products and services are as advertised.

Please read these Terms & Conditions carefully as they set out our respective rights and obligations that apply when purchasing products and services from this website.

 

Payment

Payment will be accepted by debit card (Visa), credit card (Visa, MasterCard), or charge card (American Express). All credit and charge card transactions are subject to validation checks and authorisation by the card issuer. In addition, as extra fraud protection, Sybarite Cellars may (but is not obliged to) make extra checks on the names and addresses given in the order process against commercially available records such as Electoral Roll data. We may need to contact you again to verify details before we deliver and will not be held responsible for any delay so caused.

 

Availability & Substitute

Sybarite Cellars does its utmost to ensure that all wines offered on the website portfolio are currently available, but availability is often limited, particularly in the case of the rare wines from small-scale producers that we offer, and therefore all products are offered subject to availability.

Sometimes we will supply an ensuing vintage when the quoted wine vintage is no longer available, providing that we are confident it is fully the peer of, and as good value as, the unavailable wine. We will contact you if we are not fully confident with a replacement vintage.

Photographs are for illustrative purposes only and are not vintage-specific. They do not guarantee the condition or appearance of any product. Packaging changes occur frequently, and photographs are not always updated. If an image of a particular product is unavailable we may use an image of a similar or representative product.


Contract

A legally binding contract will exist between you and the Sybarite Cellars, once an order has been paid for and/or despatched to you whichever occurs first, but we reserve the right to refuse or amend any order up to the point of dispatch, and you have the right of cancellation as set out below.

If we have to amend your order, we will always contact you before proceeding with the sale. In registering on the site or placing any order for alcohol you confirm that you are over 18. No contract shall exist between us and anyone under 18 who attempts to order or to take delivery of alcohol. If the drivers are in any doubt about this they are instructed not to leave the products and the sale will be cancelled.

Sybarite Cellars may change these contract Terms & Conditions without notice to you in relation to future sales.


Pricing

Retail prices are inclusive of VAT and are quoted duty paid in UK Sterling (GBP), for 75cl bottle sizes unless stated otherwise. Delivery is free on all case orders, to a single delivery address on the UK mainland.

For trade prices, please contact us.

We reserve the right to change our prices and pass on increases should they be incurred.


Delivery

Delivery is free on all case orders, to a single delivery address on the UK mainland.

Please allow up to 4 working days for delivery, and up to 7 working days for delivery to the Scottish Highlands - multiple case orders may be delivered at separate times depending on the delivery outset i.e. from warehouse or In Bond storage.

Deliveries must be signed for by an adult, aged 18 years or over, or we cannot accept liability for non-delivery.

Please go to the delivery page.

Acceptance

You will be deemed to have accepted the products as delivered and in fulfilment of your order at the time of delivery, unless we hear from you within 24 hours of delivery, and you will not be entitled to reject them thereafter except as set out below.


Returns

Cancellation

You have a legal right to cancel an order or contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the products, you can notify us of your decision to cancel the order or contract and receive a refund. Advice about your legal right to cancel a contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of:

(a) any products, within the purchase unit (case) that are unsealed after you receive them;

(b) any products which become mixed inseparably with other items after their delivery.

Your legal right to cancel an order or contract starts from the date of Payment Confirmation (the date on which we email you to confirm payment and our acceptance of your order), or the date products are dispatched (the date on which you place the order if before 2pm). The cancellation period ends 14 days after the day on which you receive the Product.

To exercise your right of cancellation, you must give written notice to Sybarite Cellars by email and include the following details: name, billing address, delivery address, contact telephone number, ordered product details, the order number and order date.

You are under no obligation to use a ‘Cancellation Form’ but if you would like a form, please contact Sybarite Cellars through the contact us page.

We will confirm the cancellation by email and forward you a return delivery address to arrange delivery by you at your expense.

Once the products have been received, Sybarite Cellars will refund or credit you the price you paid for the products, less any further collection or delivery charges over and above the price you paid of the products, including charges made by credit card companies. Further, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products.

Upon receipt and acceptance of returned products by us, a refund will be made within 30 days.

Orders or contracts cancelled when delivery has been made from a Bonded Warehouse will incur a reduction to your refund to cover the Bonded Warehouse handling and/or delivery costs.


Fulfilment Error, Missing or Damaged Products

Each consignment of wine should be carefully checked upon delivery to make sure that it is intact and in full.

If your products are damaged, you can refuse to sign for it. The parcel will be returned, and we will arrange for a replacement to be sent. You can accept the delivery by signing for it, but please note down how many bottles are damaged and the nature of the damage on the carrier’s delivery note when signing.

Subsequently if you open the delivery and find that the products have been damaged or has leaked then you will need to provide evidence in the form of photographs.

Please be certain to check the number of cases you are signing for - we cannot replace wines that have been signed for but not actually received. We will not accept any claims for missing or damaged wines unless it is stated on the courier’s documentation.

Sybarite Cellars will be happy to refund the cost or send replacement cases, if there is a fulfilment error, missing or damaged wines within your order, provided we are notified within 24 hours of delivery by email with the order number.


Faulty Products

For any wines purchased which are faulty, corked, tainted or out of condition, we do require the bottle and cork returned to us for inspection before we can exchange - let us know as soon as reasonably possible by telephone or in writing.

We will assess the wine and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), you will be given the option to have the wine replaced or to be refunded through the payment method used by you when purchasing the wine.

Refunding will be for the wine and delivery cost if a single case was ordered; the original order delivery cost cannot be refunded for faulty wine if it was part of a larger multiple case order. We will fully refund the returning faulty wine delivery cost once the alleged faults have been established.

 

Complaints

If you are not happy with any aspect of our service or if you have any queries or comments, please contact us.

 

Quality Charter

Sybarite Cellars does its utmost to make sure that wines are delivered to you in the best possible condition.

There is always an element of risk in the purchase of the older fine wines, as their condition is inevitably variable - the prices at which we offer these to you reflect this.

Sybarite Cellars believes that every wine we represent is of excellent quality, characterizing the terroir and winemaking culture of its origin. We do our best to competitively price our wines to include delivery, and in turn reflex the true value of the wine and our service.


General

In the UK, it is illegal to sell alcohol to anyone under the age of 18 years. Similar restrictions apply in other jurisdictions. By placing an order with Sybarite Cellars, the Customer confirms that he or she is at least 18 years old (or otherwise above any applicable age limit). At the time of delivery of the Customer's order, Sybarite Cellars or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, Sybarite Cellars or its agent may refuse to deliver the order.

Sybarite Cellars may amend these Terms & Conditions from time to time. None of Sybarite Cellars employees or agents has the right to bind Sybarite Cellars to any verbal agreement which does not comply with these Terms & Conditions.

Sybarite Cellars shall not be liable for any failure to meet its obligations caused by circumstances beyond its control.

No provision of these Terms & Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

No delay in exercising or non-exercise by Sybarite Cellars of any right, power or remedy under or in connection with these Terms & Conditions shall impair that right, power or remedy or operate as a waiver or release of it.

Where Sybarite Cellars operates a joint account in the names of two or more Customers, Sybarite Cellars shall (unless expressly instructed to the contrary) be entitled to accept, rely upon and act upon instructions given by any one of the Customers named on that account.

If any provision, or any part of any provision, of these Terms & Conditions shall be or become illegal, invalid or unenforceable in any respect then that provision, or that part, shall be severable from these Terms & Conditions and the remainder of the provision and/or all other provisions shall remain valid and enforceable and the liability of Sybarite Cellars and the Customer shall not be affected or impaired.

 

Data Protection & Privacy

You agree that Sybarite Cellars shall be entitled to use your details and those of the members of your party in connection with the organisation of your order.

Sybarite Cellars will not pass these details to third parties other than as necessary to arrange your order, for example, if a credit reference check is required. Sybarite Cellars may use the details to notify you of offers if they think these could be of interest to you. If at any time you want to be removed from the Sybarite Cellars database, please contact us.

Please see Privacy Policy for full information regarding the way in which we use and store your personal data.

 

Website usage Terms & Conditions

 

Site Information

Sybarite Cellars Ltd owns the following websites; www.sybaritecellars.co.uk, www.sybarite-cellars.co.uk (the “website”), including all subdomains, served by Sybarite Cellars Ltd.

By accessing and using the website you the user agree to be bound by these Terms & Conditions which govern your access to and use of the website.

Sybarite Cellars takes all reasonable care to ensure that the information contained in this website is accurate, but no guarantee is given that it is accurate, nor does it make any representations or give any warranties with respect to this website, any contents contained on it or any email generated from it including any text, graphics, photographs, measurements or any other item.

Sybarite Cellars is not responsible for any errors or omissions in the content of this website or any email generated from it.

 

Ownership & Use of Content

All text, data, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material on the website (the “content”) and all rights in it belongs to Sybarite Cellars. You may retrieve and display content from the website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the website.

 

Contractual Relationships

Property information contained in this website or in any email generated from this website shall not form part of any offer or contract. Nothing on this website shall be regarded or taken as financial advice and should not be relied upon in any purchase or investment decision.

 

Disclaimer

The website and content is provided “as is” and on an “as available” basis and Sybarite Cellars does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the website or any content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms & Conditions to the extent that they may be excluded as a matter of law.

In no event will Sybarite Cellars be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this website.

Sybarite Cellars has tried to ensure that all the content provided on the website is correct at the time of publication. The content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Sybarite Cellars for any errors, omissions, or misleading content on the website or on any websites to which the website connects.

Sybarite Cellars does not warrant that the website or content will be uninterrupted or error free, that any defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.

 

Copyright Notice

This website and its content is copyright of Sybarite Cellars - © Sybarite Cellars Ltd 2018. All rights reserved.

All copyright, trademarks, database rights and other intellectual property rights that may exist in this website and the content shall remain at all times the property of Sybarite Cellars.

The trademarks, service marks and logos used and displayed on this website are registered or unregistered trademarks of Sybarite Cellars.

Nothing on this website should be construed as granting, by implication or otherwise, any licence or right to use any trademark without written permission from Sybarite Cellars.

The name of Sybarite Cellars may not be used in any way, including in advertising or publicity pertaining to distribution of content without the prior written permission of Sybarite Cellars. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only.
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

 

Privacy

You must read and accept the Sybarite Cellars Privacy Policy which details what type of personal information Sybarite Cellars may collect from you when you visit the website and how Sybarite Cellars may store and use the information in accordance with the EU General Data Protection Regulation (which is otherwise known as GDPR) and a new UK Data Protection Act.

Our Privacy Policy can be found here.


Changes to the Terms & Conditions

Sybarite Cellars reserves the right at any time and without notice to alter the content to any parts of the website or these Terms & Conditions. When these Terms & Conditions are amended, Sybarite Cellars will publish details of the amendments on the website. Your continued use of the website is taken as your agreement to be bound by these Terms & Conditions as amended.

 

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.

 

Severability

If these Terms & Conditions or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms & Conditions are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms & Conditions, and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

 

Conflict

If there is any conflict between these Terms & Conditions, and any other written agreement between you and Sybarite Cellars then the latter shall prevail.

 

Force Majeure

Sybarite Cellars will not be responsible for any breach of these Terms & Conditions caused by circumstances beyond its reasonable control.

 

Links

This website may contain links to third party websites over which Sybarite Cellars has no control. Any links are for your convenience only. Sybarite Cellars does not accept any responsibility for the content of third party websites, material you access through this website or for any losses which may arise from the use of them. The presence of a link to a third-party site does not mean that Sybarite Cellars endorses that website or any contents or has any association with the owner of that website. If you decide to access any third-party website linked from this website, you do so at your own risk. You must not include links to this website in any other website without the written permission of Sybarite Cellars.

 

File Download

Certain files of content are available for download from the website. These files of content are subject to these Terms & Conditions.

 

Invalidity

If any part of these Terms & Conditions are unenforceable, the enforceability of the rest of these Terms & Conditions of use will not be affected.

 

Contact

If you wish to contact Sybarite Cellars regarding the website, these Terms & Conditions and/or the Privacy Policy please contact us.

 

© Sybarite Cellars Ltd 2020