Terms and Conditions


Payment Details

We accept all major credit and debit cards Inc: Visa, MasterCard, Switch, Maestro, Solo, Visa Electron and American Express.
We do not accept cash on delivery but can accept cash in our retail store (in Kilkeel, Northern Ireland)

Pricing

All prices are inclusive of VAT at 20% where applicable. Prices are subject to change without notice.

Shipping Policy

Please refer to the Shipping information page

Returns Policy

Please refer to the Returns Policy page

Out of stock orders

If the item you ordered is out of stock you will be notified by e-mail or phone within 24 hours. We will also let you know when the item should be coming into stock and give you details of other similar products that are in stock at present. You are entitled to cancel at any time before your item ships from us for a full refund.
Due to the specialist nature of the Wines & Spirits we sell and the finite nature of their supply, we can sometimes run out of stock of a particular advertised vintage. If this is the case we will always inform you for approval prior to shipping and suggest alternative options where the next vintage available is not suitable or applicable.

Vintage Changes

Each vintage of every wine produces a finite supply. Whilst we will always endeavour to supply the vintage listed for a product, there will always be instances where we will have moved on to a more recent vintage before we get a chance to update the description. If this happens and you order the product with an exhausted Vintage we will inform you as soon as possible and we will suggest alternatives were possible. We will NEVER send a different vintage other than the one you have ordered without requesting your permission to do so prior to shipping.

While it is easy for a wine merchant to sing the praises of a great vintage, we promise to inform you if a differing vintage is of a lesser standard than the one you have requested.

 

Product Images

While we endeavour to keep our images as current as possible to reflect the exact stock we currently offer, there will be occasions where products change packaging or wines change vintage before we get the opportunity to update the associated image on the site.  

While we aim as much as possible to have images showing which offer a current representation of the product, due to rapid and often unadvised changes in packaging/vintage, product images are for illustration purposes only and cannot be used as an exact representation of what is available.  

When the product remains the same but where has changed packaging only we will not ordinarliy contact you in this instance, but where a vintage changes, therefore the product differs from what you order intially we will always contact you as mentioned in the above section on Vintage Changes.

Any queries reagrding this please do not hesitate to contact up on shop@kwmwine.com or +44 (0) 28 417 62400       

Privacy Policy Statement (Data Protection)

We will NEVER disclose customer information to third parties for marketing purposes. Data collected by this site is used to:

  • Take and fulfil user enquiries and orders securely
  • Administer and enhance the site and our service
  • Disclose information to third-parties only for goods delivery purposes (our courier needs to know your address to deliver)

 

Our postal address is:

38 Greencastle Street, Kilkeel, Co. Down, Northern Ireland, BT34 4BH. We can be reached via e-mail on shop@kwmwine.com or by telephone on 028 417 62400 from the UK or +44 (0) 28 417 62400 from abroad.

For each visitor to our Web page, our Web server automatically recognises only the consumer's domain name, but not the e-mail address. We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our Web page, used to notify consumers about updates to our Web site, not shared with other organisations for commercial purposes. With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. Consumers can access this information by e-mailing us at the above address. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by sending us e-mail at the above address. With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site.

Office: 38 Greencastle Street, Kilkeel, Co. Down, Northern Ireland, BT34 4BH
VAT number: GB 575 6424 15

1. DEFINITIONS AND INTERPRETATIONS

1.1 1 In these terms and conditions: Reference to “we” and “us” is a reference to KWM Wine & Spirits. Reference to “you” is a reference to the purchaser of the Goods from us. “Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms. “Goods” means the products and other items purchased by you from us. “Terms” means these terms and conditions.

1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.

2. PRICE

2.1 The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate for EU deliveries.

2.2 For non EU deliveries, UK VAT will be removed at checkout and you will be responsible for any local import taxes, duties ad handling charges levied once goods arrive.  We do not pre pay any local import duties. taxes or handling charges. 

2.3 The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.  The cost associated with postage and packaging only relates to this and does not include any handling, duties or taxes levied by individual non EU destinations on arrival.  Please contact your local authorities to seek clarity on these before placing an order should you wish to do so.

2.4 All published prices are subject to change at any time without notice.

3. ORDERING GOODS ONLINE

3.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.

3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.

3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.

4. PRIVACY

If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.

5. PAYMENT

5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.

5.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases,delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.

6. DELIVERY

6.1 We will give you an estimated delivery date for the Goods. No times or dates provided by us are guaranteed but, unless otherwise agreed, we will deliver Goods within 30 days from the date we confirm acceptance of your order.

6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.

6.3 You must notify us promptly and in any event within 24 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.

7. CANCELLATION

7.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive the Goods (or a third party indicated by you receives them). In the case of multiple deliveries under a single order, the cancellation period runs from receipt of the last delivery.

7.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, e.g. a letter sent by post, fax or e-mail to the following address:

Office: KWM Wine & Spirits, 38 Greencastle Street, Kilkeel, Co. Down, Northern Ireland, BT34 4BH. We can be reached via e-mail shop@kwmwine.com

You may use the attached model cancellation form, or the cancellation form on our website, but this is not obligatory.

7.3 You must communicate your decision to cancel the Contract to us before the cancellation period has expired.

7.4 You must take reasonable care of all Goods in your possession and return them to us, at your expense, appropriately packaged to avoid damage, within 14 days following the cancellation date.

7.5 If you cancel this Contract, we will refund all payments received from you. This will include the reasonable cost of delivery, if you paid for this. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.

7.6 We will make the refund without undue delay, and not later than (a) 14 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or(c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

7.7 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the refund.

7.8 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.

8. RISK AND OWNERSHIP

8.1 The risk of loss or damage to Goods passes to you when you actually receive the Goods (or when they are received by some third party that you identified to take possession of the Goods). If you have agreed to arrange collection collect the Goods from us, the risk in those Goods passes to you on collection by you or your carrier.

8.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.

8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.

8.4 You have no right to re-sell any Goods until payment has been received in full by us.

8.5 For international orders you as the buyer living in that country assume responsibility at the time of placing an order in that the goods you order are allowed to legally enter your country.  If at any point the goods you order are confiscated by your local authorities after we ship them we cannot be held responsible for any losses incurred including both product and shipping costs.

8.6 For any international orders which get returned to us due to lack of buyer action in terms of completing required customs paperwork etc, you as the buyer will assume responsibility for the return shipping costs and we cannot be held liable for these. 

9. WARRANTIES AND LIABILITY

9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).

9.2 We will not have any responsibility for any damage which occurs to the Goods after you receive them.

9.3 If any defect in any Goods appear within 30 days of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.

9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.

9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).

10. NOTICES

10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to shop@kwmwine.com and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post KWM Wine & Spirits, 38 Greencastle Street, Kilkeel, Co. Down, Northern Ireland, BT34 4BH.

11. FORCE MAJEURE

We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.

12. GENERAL

12.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.

12.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.

12.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.

13. INTELLECTUAL PROPERTY

Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.

14. DISPUTES

14.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.

14.2 Any dispute between us will be finally determined by the Northern Irish courts and you agree to submit to the jurisdiction of those courts.

15. GOVERNING LAW

These Terms and the Contract between us are governed by Northern Irish law. Nothing in these terms and conditions affect your statutory legal rights.