Terms and Conditions last updated: 5th December 2015
TERMS AND CONDITIONS
We are Il Toscanaccio Limited t/a Toscanaccio, a limited company registered in England and Wales under company number: 07612133 having our registered office at 73 Parchment Street, Winchester, SO23 8AT and any reference to “we” or “us” or “our” shall be construed accordingly. We own and operate this website. Our VAT number is 124864409.
We reserve the right to vary these Conditions of Use and any other basis upon which this site is to be used. As such, we suggest that you consult periodically this portion of the website to check for any changes. Please note that your use of the site will be deemed to mean that you have accepted whatever Conditions of Use we have in operation at that time.
CONDITIONS OF USE.
UNDER THE PROVISIONS OF THE LICENSING ACT 2003, IT IS AN OFFENCE FOR PERSONS UNDER 18 YEARS OF AGE TO PURCHASE OR ATTEMPT TO PURCHASE ALCOHOL. IT IS ALSO AN OFFENCE FOR ANYONE TO PURCHASE OR ATTEMPT TO PURCHASE ALCOHOL FOR SOMEONE UNDER 18 YEARS OF AGE.
The contents of this website are intended solely for personal, non-commercial use and are displayed solely for the purposes of promoting our products and services. You may copy by way of downloading the contents and other materials displayed on this site but only for such personal, non-commercial use and only then provided you do not modify, obscure, or delete any copyright or other propriety notices on the site. No right, title or interest in any materials or software is transferred to you as a result of any such copying and you may not reproduce, publish, transmit, distribute, display, modify or else sell or otherwise exploit any such downloaded material in any way, in whole or in part, any of the contents, this site, or any related computer programs and databases.
All website design, Toscanaccio logos, text, graphics and the selection and arrangement of such material and any computer programs or databases relating to the website are owned by us and can not be used for any purpose other than the limited downloading exercise referred to above.
Please note that when using this website, you may be directed to other sites. We do not assume any responsibility for the accuracy, content or availability of such other sites and shall not be liable for any damages or injury arising from that link or from goods, services or information supplied through such third party links. Moreover, we do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Any terms and conditions concerning the usage of this website will be governed by the laws of England and any dispute concerning use of this website will be determined exclusively by the English Courts.
At any time and at our absolute discretion, we may notify you by email, fax or any other communication means, that we require you to desist forthwith from using this website and upon receipt of such notice, you will promptly cease use of the website and destroy all materials downloaded or otherwise obtained from this site in your possession, custody or control, as well as all copies of such materials.
While we take all reasonable attempts to exclude viruses and bugs from this website, we cannot ensure such attempts will be successful and we do not accept any liability for viruses or bugs contained on this website or the host server. You are recommended to take all appropriate safeguards before downloading information from this website.
Copyright and other intellectual property rights in any communications, reviews, or other materials submitted or offered to us by you through on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website will not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website. We may edit and use your reviews as we see fit and you grant us license to do so.
You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services and you shall not use our website to solicit or encourage other persons to commit unlawful acts.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your breach of any of these terms.
We do not exclude liability for death or personal injury cause by our negligence. We shall not be liable for any losses, damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
Please note that by registering on our website you will provide us with personal details about yourself. We take reasonable precautions to secure any personal data but please note that it is not possible to guarantee the security of transmissions over the Internet so when using our website, we urge you to exercise appropriate discretion. Please read our privacy statement for details concerning your rights about your personal data. Your registration details may be used to communicate with you regarding any purchases made via the website. You agree to keep your password safe and not to disclose it to anyone.
To unsubscribe from our newsletter, please use the unsubscribe button at the bottom of your email newsletter or email us at firstname.lastname@example.org
PRICE AND SUBSTITUTES
The prices quoted on the website include VAT and UK duty but exclude delivery costs which will be added to the total amount due from you. Occasionally prices may change due to circumstances beyond our reasonable control. In the unlikely event of this occurring we will notify you before we complete your order.
The prices and availability of any promotions, goods and services advertised on this website are all subject to change, and availability. While we take all reasonable efforts to keep this website up to date, the material displayed is provided only by way of information. The information and materials contained in our website are provided without warranties of any kind, either express or implied and all liability is excluded to the fullest extent permissible under the applicable law. We endeavour to keep all information up to date such as vintages and ABV, however we will automatically send a newer product once the old one has run out. If it is important that you receive a particular vintage/ABV then please let us know in the ‘order notes’ box.
If a particular product is no longer available we may substitute an alternative. We will contact you before we do this and you will have the option to cancel your order at this point.
All goods must be paid for in full before despatch. Payment can be made with the following cards; Visa Credit/Debit/Electron, MasterCard Credit/Debit, Maestro, JCB, AMEX or via BACS payment.
When you pay for your order by card, we carry out certain checks, which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
-Undertake that all the details you provide to us for the purpose of purchasing the goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the goods ordered
-Undertake that any and all goods ordered by you are for your own private or domestic use only and not for resale
-Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
Our Website is only intended for use by customers resident in England, Wales, Scotland. We regret that we are unable to ship to Northern Ireland at this time.
We charge £8.50 per case (up to 12 bottles) for deliveries in the UK with the exception of the Scottish Highlands and Islands where a charge of £13.50 per case applies.
The goods will normally be delivered to you within 2-3 working days (3-5 for The Scottish Highlands and Islands) at the address you provided during the order process, which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. It is recommended that you use a delivery address where someone will be present to accept and sign for the delivery.
We employ professional carriers. Nevertheless, you must examine the goods on arrival. All Goods must be signed for by an adult aged 18 years or over on delivery (proof of age may be requested) and the goods must be checked for shortfalls and breakages before signing for the delivery and the delivery driver notified. Any breakages and shortfalls must also be reported to us within three working days of delivery or we will be unable to reimburse you for them.
If you have any special delivery requirements or directions for the courier please indicate these in the ‘order notes’ box when placing your order. Where possible, our couriers will try to accommodate your requests but please be aware this is not always possible. If you request that the goods be left in a particular place in your absence please be aware that neither the courier, nor Toscanaccio will accept liability for any theft or damage to the goods as a result of this.
Any dates quoted for delivery of the goods are approximate only. If no date is specified then it will take place within 30 days of the date of the confirmation email, unless there are exceptional circumstances. We will not be liable for any delay in delivering the goods, however caused.
For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all goods in a timely manner, but we cannot guarantee delivery by 24th December.
CANCELLATIONS AND RETURNS
You must advise us of any problems with your order as soon as possible and within three working days for shortages or breakages by email or alternatively you can call us on 01962 841223. Please include the transaction reference number.
We will provide a full refund for any wine, which is deemed to be out of condition. We may require the wine to be returned to us and will refund any postage costs incurred.
We will refund for missing or damaged items providing you informed the courier on delivery and contacted us within three working days as detailed above.
Under Consumer Contracts Regulations you may cancel your order within 14 days of receiving it for any reason. We will refund the full amount paid however you will be liable for costs incurred in returning the goods to us. If you wish to cancel your order please call us on 01962 841223 or email email@example.com . Please include your transaction reference number.
Upon receiving notice of your cancellation we will contact you and provide details of where you must return the goods. You must return the goods at your own risk and cost within 14 days and in the same condition in which you received them.
So long as you are entitled to cancel and have complied with your obligations we will refund you the balance of the price you paid to us, minus any damage resulting from your handling the goods other than was necessary to determine their nature, within 14 days of us receiving the goods back from you.
You will not have the right to cancel any order for bespoke or personalised goods or for goods that may deteriorate (such as food).
We reserve the right to cancel an order for any reason. If this is the case we will notify you and return your money.
A written copy of these conditions is available on request.