Terms and Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application
1. These Terms and Conditions apply to purchases made directly through www.vinococo.co.uk by you (the Customer or you). We are Vino Coco Limited, a company registered in England and Wales under number 13205654, whose registered office is at 9 Lonsdale Meadows, Boston Spa, West Yorkshire, LS23 6DQ. Our email address is vino-coco@outlook.com (the Supplier, us or we). Purchases through third-party marketplaces, including Amazon and Not On The High Street, are subject to the applicable marketplace arrangements.
2. These are the terms on which we sell Goods to you. By ordering Goods, you agree to be bound by these Terms and Conditions. You must be legally capable of entering into a contract and at least 18 years old to purchase from the Website. Alcohol must not be purchased for or supplied to anyone under 18. We or our delivery partners may require satisfactory proof of age, and delivery of alcohol may be refused where appropriate proof cannot be provided.

Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Customer's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.vinococo.co.uk on which the Goods are advertised.

Goods
11. The description of the Goods is as set out on the Website, in catalogues, brochures or other advertisements. Images are illustrative, and minor variations in packaging appearance or colour may occur, but the Goods supplied will conform to their description and your statutory rights are unaffected.
12. Where Goods are personalised to your requirements, you are responsible for checking that names, dates, messages and other specifications you provide are accurate. Please contact us promptly if you identify an error; changes may not be possible once preparation or personalisation has begun.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information
15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by email, telephone or other appropriate means about your order, delivery or customer service enquiries. Marketing communications are handled separately in accordance with our Privacy Policy and applicable law.

Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. These Terms and Conditions are intended for purchases made as a Consumer. If you are purchasing wholly or mainly for business purposes, including corporate gifting, please tell us so that we can agree any appropriate separate business terms in writing. Consumer statutory rights apply wherever required by law.

Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We deliver to eligible addresses in England, Wales, Scotland and Northern Ireland, and to the Channel Islands and Isle of Man, subject to Royal Mail service availability and any applicable restrictions. Our advertised free next-day delivery offer applies to eligible orders placed by 3pm on qualifying days, subject to the delivery information displayed on the Website. Some destinations and non-working days may require longer. Any delivery charge applicable to your order will be shown before checkout. Deliveries outside the UK may be subject to local duties or taxes where applicable.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. You are responsible for providing an accurate delivery address, recipient name and contact details. If Royal Mail cannot deliver because the recipient is unavailable, it may provide redelivery or collection instructions through tracking, text, email or a delivery card. You or the recipient should follow those instructions. If Goods are returned to us because of an incorrect address or failure to arrange collection or redelivery, we may charge reasonable additional costs of a further delivery, where permitted by law. This does not remove our statutory responsibility for delivery or for Goods lost or damaged before risk passes to you or a person you have nominated to receive them.
34. The Goods become your responsibility when they are delivered into the physical possession of you or a person identified by you to receive them, other than the carrier. You should inspect the Goods as soon as reasonably practicable and let us know if there is a problem. This does not affect your statutory rights.

Risk and Title
35. Risk of damage to or loss of Goods passes to you when they come into the physical possession of you or a person identified by you to receive them, other than the carrier, subject to applicable consumer law.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns and Cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract with the cancellation rights set out below. Those statutory change-of-mind cancellation rights do not apply where a legal exception applies, including to: (a) Goods made to your specifications or clearly personalised, such as a gift featuring a truffle-box lid permanently customised with the wording you chose; or (b) Goods liable to deteriorate or expire rapidly. The inclusion of an ordinary gift message card does not, by itself, necessarily make an otherwise standard gift exempt. The exemption for goods supplied on frequent and regular rounds applies only where its statutory conditions are met. None of these exceptions affects rights relating to faulty, damaged or misdescribed Goods.
39. Cancellation rights may also cease to apply to sealed Goods that are not suitable for return for health protection or hygiene reasons if they become unsealed after delivery, where the statutory conditions are met. This may apply to appropriate hygiene-sealed food items, but not automatically to every gift containing food. Cancellation rights may also cease where Goods become inseparably mixed with other items after delivery. Your statutory rights concerning faulty or non-conforming Goods remain unaffected.

Right to Cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
41. The cancellation period expires 14 days after the day on which you, or a third party nominated by you other than the carrier, acquire physical possession of the Goods, or the last of the Goods where an order is delivered in separate consignments.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
43. You may tell us you wish to cancel by emailing vino-coco@outlook.com or writing to Vino Coco Limited, 9 Lonsdale Meadows, Boston Spa, West Yorkshire, LS23 6DQ. You may use the model cancellation form below, but you do not have to. A clear statement of your decision to cancel is sufficient.
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods Supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement
47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement 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 reimbursement.

Returning Goods
50. If you have received Goods under a Contract which you validly cancel, you must send them back without undue delay and no later than 14 days after telling us of your cancellation. Please send returns to Vino Coco Limited, 9 Lonsdale Meadows, Boston Spa, West Yorkshire, LS23 6DQ. You must bear the direct cost of returning Goods when exercising a change-of-mind cancellation right. Please package returns securely. Where Goods are faulty, damaged or incorrectly supplied, your statutory rights apply, including any applicable right to recover reasonable return costs.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.

Successors and Our Sub-Contractors
55. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party
56. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy
57. We respect your privacy and comply with applicable UK data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018, in relation to your personal information.
58. These Terms and Conditions should be read alongside our Privacy Policy at https://www.vinococo.co.uk/privacy-policy, which explains how we collect and use personal information. Information about cookies is also provided through our Website's applicable cookie information and controls.
59. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
60. We are a Data Controller of the Personal Data we Process in providing Goods to you.
61. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
62. For any enquiries or complaints regarding data privacy, you can e-mail: vino-coco@outlook.com.

Excluding Liability
63. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints
64. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
65. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
66. We aim to resolve complaints promptly and fairly. If Goods arrive damaged, incomplete or incorrect, please contact us as soon as reasonably possible at vino-coco@outlook.com, ideally with your order number and photographs where helpful. Prompt notification assists us in investigating delivery issues, but no 24-hour reporting deadline limits your statutory rights. We will respond as soon as reasonably practicable.

Attribution
67. These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

Model Cancellation Form
To: Vino Coco Limited, 9 Lonsdale Meadows, Boston Spa, West Yorkshire, LS23 6DQ
Email: vino-coco@outlook.com

I hereby give notice that I cancel my contract for the sale of the following Goods:
Goods: ______________________________
Order number: ________________________
Ordered on: __________________________
Received on: _________________________
Customer name: _______________________
Customer address: ____________________
Date: _______________________________
You may send this form by post or email. You do not have to use this form to exercise your statutory cancellation rights.