Privacy Policy & Terms and Conditions
Terms and Conditions of Sale and Use
These terms (“Terms”) apply if you want to purchase products from us or use our website, brochures, or app (the “Sites”). These Terms should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy. Additional terms and conditions apply if you are a member of a wine plan or if you purchase En Primeur wines.
Please read these Terms carefully before using the Sites or purchasing products from us and print and keep a copy of them for your reference. We may change the content of the Sites from time to time, including the terms of use. By using the Sites (by whatever means or device) you agree that you have read, understood and accept these Terms (as amended from time to time). If you do not agree to be bound by these Terms, you may not use or access these Sites or place an order with us.
About us
In these Terms, references to “we” or “us” are to Averys of Bristol Ltd (trading as Averys Wine Merchants and Averys), a company incorporated in England and Wales (registered number 00376920) whose registered office is at 9A Culver Street, Bristol, BS1 5LD. Our registered VAT number is GB 823825133.
Terms of Sale
Contract creation
The placing of an order anywhere on our Sites does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Averys Wine Merchants nor at the point when you receive an email from Averys Wine Merchants acknowledging receipt of your order.
Non-acceptance of an order may be a result of one of the following:
- The product(s) you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment
- Our inability to verify that you are aged over 18.
- The identification of a pricing or product description error.
- The repeated or fraudulent use of vouchers
Prices
All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.
Although we endeavour to ensure that all pricing information on our Sites is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order
Where a particular wine is part of a pre-mix case with a general discount applied, the discounted price for the case is relative to the non-discounted prices for the constituent wines.
We reserve the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes, or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.
Availability
All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage of the same wine or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive we will arrange collection at our cost.
Delivery
We deliver throughout the UK except for the Channel Islands and BFPO addresses. Various delivery options are available for you to select when you place an order. For further details of these delivery options and prices for delivery please go to the Delivery Information. Details of options available will also be provided at the time of placing your order. We reserve the right to restrict deliveries or to withdraw services to individual customers’ addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.
Our deliveries are made by third party carriers. Some standard deliveries do not require a signature. If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged. Should you request the wine to be delivered on a signature required service, please ensure that you are available to sign for delivery.
Cancellation, Replacements and Refunds
If you buy any of our wines and it is faulty or you don’t like a bottle, please see our Quality Guarantee section below.
If you change your mind about some or all of your order, you may also cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect (free of charge) the unwanted products and reimburse the appropriate sum paid including delivery costs (up to the amount charged for the least expensive kind of delivery service we offer) within 14 calendar days packaging after the day on which you tell us that you wish to cancel. However, if you handle the products whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of wine or removing a seal), we will reduce your refund to reflect the reduction in the value of the products.
Please let us know if you wish to cancel an order by contacting our Customer Services team using one of the methods in the “Contact Us” section below. If you are e-mailing us or writing to us please include details of your order to help us identify it. Alternatively please complete the cancellation form on our Site.
All refunds given will be made by the same payment method you originally used to make payment.
Quality Guarantee
As we're so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty or that you don't enjoy, subject to the following conditions:
If a bottle of wine is faulty and you did not enjoy it If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle appropriate with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively, if you prefer we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
If the wine is not faulty but you did not enjoy it If, having opened a bottle, the wine was not to your taste, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the bottle with a bottle of another type of wine which is of equivalent value. Alternatively, if you prefer we will refund you an amount equal to the value of the bottle. If you have any more unopened bottles of the same wine which you no longer want, we will arrange to collect them from you (free of charge) and replace them with bottles of another type of wine which are of equivalent value or, if you prefer, give you a refund for an amount equivalent to their value.
If you don't enjoy any of the wines or suspect that they may be faulty please contact our Customer Services team using one of the methods in the “Contact Us” section below and one of our our wine advisers will be more than happy to assist.
Security
All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.
If you have any questions about any aspect of site security please contact us at: enquiries@averys.com
Voucher Codes
Unless otherwise stated, voucher codes are only to be used once by new customers who are 18 years or over on their first purchase. You are not entitled to any further introductory vouchers or other introductory offers from Averys Wine Merchants or any affiliates. Vouchers are non-transferable, may not be sold at auction and have no cash alternative. Where a voucher is used in breach of the above conditions we reserve the right to refuse to supply wines to you or to make a charge equivalent to the value of the voucher against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.
Re-Sale
Wines purchased from us are for the customer's own use only (which may include their use as gifts for third parties). Wines may not be re-sold or otherwise used for commercial purposes.
If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us on enquiries@averys.com.
Age Restrictions
It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. Averys Wine Merchants is committed to upholding its legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.
We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.
Fraud and Crime Prevention
For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
Liability
Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.
You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.
Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, fire, adverse weather conditions including snow, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
- your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
- your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions section below; or
- any spillages or breakages involving one or more of our products,
unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.
Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud or any other liability which cannot be excluded or limited under applicable law.
Risks, warnings and storage conditions
You should be aware of the following inherent risks and warnings in respect of our products:
- Alcohol should be consumed in moderation.
- A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time.
- Red wine in particular may cause staining if spilt so extra care should be taken.
- Sparkling wines and champagnes can be volatile due to the build up of gasses. Extra care should be taken when opening these.
- The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.
Contact us
If you have any questions regarding orders or any general enquiries please do let us know by:
- Entering the relevent details on the Contact Us page.
- Emailing enquiries@averys.com
- Calling our Customer Support Line on 03330 148 208
- Writing to us at: Averys Wine Merchants 9A Culver Street, Bristol, BS1 5LD
Use of the Sites
To comply with licensing and other legislation, the Sites are only available to those aged 18 years and over. By using the Sites, you agree that you are aged 18 or over. If you are not, you must not use the Sites. We will ask you to enter your date of birth before making any purchases.
You agree to use the Sites only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Sites.
Access to the Sites is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Sites without notice.
You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your Internet connection are aware of these Terms and that they comply with them.
Your account
Some areas of the Sites may require you to register an account with us in order to use the services or purchase products. By registering you agree that:
- The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You will notify us immediately of any changes to the personal information by updating your details within the “My Details” section within your online account or by contacting us using the contact details below.
- You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information.
If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.
Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Averys of Bristol trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Sites including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Sites for the sole purpose of placing an order with us or using the Sites as a shopping resource.
We prohibit all persons from providing hypertext or other links to our Sites (other than to our home page) from their website or from a third party's website without our prior written consent
User comments and content
You may post reviews, ratings, messages, comments and other content which may be disclosed, submitted or offered to us on or through the Sites or otherwise (“Submissions”). This right is extended on condition that the Submissions are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, Submissions should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings. You are solely responsible for your Submissions. We reserve the right, but not the obligation, to remove or edit any Submissions.
If you disclose, submit or offer any Submissions, unless indicated otherwise, you:
- Grant us a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such Submissions throughout the world in any media.
- Grant us and all sub-licensees the right to use the name that you submit in connection with such Submissions, if we so choose.
- Agree to waive your right to be identified as the author of such Submissions and your right to object to derogatory treatment of such Submissions.
- Represent and warrant that you own or otherwise control all of the rights to the Submissions; that, as at the date the Submission is disclosed, submitted or offered to us, such Submission is true, accurate and not misleading; use of the Submission will not cause injury to any person or entity (including that it is not defamatory), does not include the trade secret or confidential information of others and does not infringe any other person’s or entity’s rights. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
These terms also govern any Submissions you make on any of our related third party websites or pages such as our Facebook page, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of us or our employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and the third party social networking sites’ terms of use, as applicable.
Privacy and data protection
We process information about you in accordance with our Privacy Policy. By using the Sites you consent to such processing and you warrant that all data provided by you is accurate.
Liability
We have taken all reasonable care in the preparation of the content of the Sites. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Sites or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Sites and content on the Sites is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Sites.
We expressly exclude, to the fullest extent permitted by law, all liability of Averys of Bristol Ltd, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Sites; or (ii) use of or reliance on any content displayed on the Sites.
All content, text and graphics on the Sites, unless specified, are directed solely at those who access the Sites from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Sites by individuals who access the Sites from other locations.
Information transmitted via the Sites will pass over public telecommunication networks. We make no representation or warranty that the operation of the Sites will be uninterrupted or error free and we will not be liable to you if for any reason the Sites are unavailable at any time or for any period or if there are any errors.
The Sites may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
This section does not:
- apply to our obligations under the Terms of Sale - please see the “Liability” section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or
- affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Sites). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
Termination
We reserve the right to suspend your use of the Sites at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Sites and/or your account with us with immediate effect if you breach any of these Terms.
General
Amendments to these Terms
We may updates or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Sites. By continuing to use the Sites or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.
Other important terms
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.
Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms without our prior written consent.
These Terms, the Privacy Policy and the Cookie Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
These Terms were last updated on 14/12/2015.
Contact Promise
Our contact promise is a summary of how we look after your personal data. If you would like more detail about this, you can find our full privacy policy here.
We collect, use and store your personal data so that we can offer you the products and services you expect from us. We see your personal data as just that: it's yours. So we will always be clear and upfront with you about what we do with your personal data, and (of course) you have control over it.
We collect your personal data for three main reasons:
- To process any orders you make and to deliver those orders to you
- To personalise, report on and improve the products and services we provide to you
- To send you special offers, often tailored to what you have told us you would like to hear about
We promise:
- That you can control the personal data you provide us with and that we will always be transparent about how we collect and use it
- We will always tell you what personal data we are collecting from you, the means by which we will collect it and how we will use it. We will only use your personal data for the purposes we originally told you about.
- We will always use market-leading technology and software to ensure that your personal data is secure and when we ask another organisation to provide services to us which involve sharing your personal data with them, we will always make sure they have appropriate security measures
- " We will send you marketing communications as we believe we have a legitimate interest in doing so; however, we will always offer you a clear and simple means of changing your preferences whenever you want to (including when you first become a customer). click here to view and amend your preferences.
Full Privacy Policy
Who we are
Averys of Bristol Limited ("Averys"), a private company registered in England and Wales with company number 00376920. Our registered office is:
9a Culver Street
Bristol
BS1 5LD
If you have any questions about how we look after your personal data, you can contact us:
- In writing, at the address above. Please mark your letter for the attention of the Data Protection Officer
- By email to this address: dpo@averys.com
- By telephone on 03330 148 208
You can manage your marketing preferences (whether we can mail you catalogues, call you on the phone, email you or share your personal data with third parties) by contacting us as above. We will update your preferences as soon as we can but please note that as catalogues are printed in advance, it may take up to 8 weeks for the process to be completed and for emails it may take up to 2 weeks.
How do we collect your personal data?
We collect your personal data in two main ways:
- When you give it to us directly
- When our systems collect information or personal data as you use our website or app, or websites or apps that are connected to our website
When you create a customer account, visit our website, communicate with us or purchase our products or services, you may choose to give us certain information. For example, when you give us your name and address, tell us about your wine preferences or when clicking on active buttons such our 'Place Order & Pay'.
Whenever you use a website, app or other internet service, information gets recorded automatically by the IT systems used to operate that website, app or service. The most common type of information collected is in the form of cookies (small text files sent by your computer each time you visit our website) but can also include personal data transferred by the electronic device you use to access our website and its settings. The manufacturer of your device, or the provider of the operating system, will have details about what information your device shares with us.
What categories of personal data do we collect?
We may collect the following information about you:
- Your name, date of birth and contact details
This can include your postal, billing and delivery addresses (which would include the addresses of any family or friends you choose to send wine to); your telephone number(s), including, if you provide it, your mobile number; and your email address
- Purchases and orders made by you
- Your payment card details (which we encrypt) when you purchase our products or services
- When you set up an account with us, your password (which we encrypt) and your marketing preferences
- Your wine preferences, favourites, ratings and reviews
- Your on-line browsing history on our website
- Your correspondence with us
In some instances, we may need to collect additional personal data for the purposes set out in this privacy policy.
Personal data we will process to fulfil your orders and to comply with the law
We will need to process some of your personal data to fulfil any orders you place and to comply with the law. For example:
- We will share your (or your recipient's) name, address and, where applicable, telephone number with our carriers.
- We will share your payment details with our bank or clearing house so that we can process payment for your order
- We will share your name, address and telephone numbers with an external provider to verify your age when you first purchase from us. This is because we are required by law to ensure that we sell products containing alcohol only to people aged 18 or over
- Occasionally with the police, or our trade body, for the purposes of preventing and investigating fraud
How and why do we use your personal data?
We use your personal data:
- To send you the wines and other products and services you have purchased
- To improve the range of wines, offers and associated products we offer you and to help identify new products and services in the future
- To present you with personalised offers on our website, through social media channels such as Facebook and Instagram and by placing banner advertisements on third party websites
- To personalise the offers you receive from us – the wines you love, unique events, and special offers and promotions
- To allow you to post links to our products on social media
- To manage any accounts you have registered with us so that (i) we can provide you with products and services; (ii) you can place orders; and (iii) we can fulfil those orders and communicate with you about them
- To verify your identity and your age
- To detect and prevent fraud and other illegal activities (and to assist regulators, trade bodies and law enforcement agencies in relation to the same)
- To carry out research to better understand your views on our products and services
- To allow you to continue enjoying our award winning customer service
- To comply with the law (for example, to ensure that we only sell products containing alcohol to those aged 18 or over)
Our legitimate interests
"Legitimate Interests" means the interests of our company in conducting and managing our business to enable us to give you the best products and services, and the best and most secure experience.
For example, we have an interest in marketing our products and services to you, and making sure our marketing is relevant for you. Therefore, we may process your information to send you marketing that is tailored to your interests.
It can also apply to processing that is in your interests as well. For example, we may process your information to protect you against fraud when transacting on our website, and to ensure our websites and systems are secure.
When we process your personal information for our legitimate interests, we make sure to consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws. Our legitimate business interests do not automatically override your interests - we will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Where we rely on our legitimate interests to send you marketing communications, we shall tell you when you become a customer how we would like to market our products and services to you, and offer you a means of opting out of those communications. You can opt out of our marketing communications at any time through the preference centre in your online account - available here - or by contacting us on 03330 148 208 or dpo@averys.com.
In addition to sending you marketing communications, we rely on our legitimate interests to process your personal data so that we can:
- Improve our existing wine range, associated products and services, and develop new ones
- Provide you with a quality customer service experience
- Protect you, our employees and our business
- Understand your likes and dislikes, what wines you want to hear about and how best to contact you to inform you about them
- Manage insurance claims made by our customers
- Taking legal action against any party in breach of its obligations to Averys, and handling any legal claims or regulatory enforcement actions taken against Averys
When do we share your personal data?
So that we can provide you with our products and services, we have to share some of your personal data with certain third parties.
When we share your personal data, we make sure that it remains secure:
- We conduct a data security review of third parties we share your personal data with to ensure that they will keep your personal data secure and confidential to the standards you and we would expect
- Every external company we work with is required to have a contract with us which clearly describes our expectations about the way in which they keep your personal data secure, the purposes for which they can use your personal data and which holds them fully responsible for meeting those expectations
- We will only send to third parties the personal data that is necessary for the purposes it is required for.
We share your data as follows:
With core service providers to enable our business to function
We rely on a set of external companies to provide us with services that enable our business to run properly. Our core service providers include the courier companies we use to deliver our products to you; banks and clearing houses to process your payments; companies we use to carry out fraud protection and age verification checks; IT services providers; companies to help us with our marketing; and partners through which we provide our concession shops.
With other partners when we have your consent to do so
We work with a number of other third party companies to provide value to our business and to you. These companies include our marketing partners and social media partners (for instance you can publish a link on Facebook or Twitter to any wines of ours that you have enjoyed).
We will only partner with a company that meets our own high standards and that we think is a good fit for our business and our customers. Each of these third parties is required by the terms of the contract we have agreed with them to use your personal data only as we instruct it and to ensure that your personal data is secure.
If you would rather not receive marketing offers from carefully selected third parties you can withdraw your permission whenever you want, by contacting us on 03330 148 208 or dpo@averys.com.
With regulators and law enforcement agencies when required to do so by law
We are required to co-operate with regulators (like the Information Commissioner's Office or HMRC) and law enforcement agencies (like the police or the Serious Fraud Office) in every country we operate in. Although it does not happen often, regulators and law enforcement agencies can require us to share information with them as part of an investigation; this may include your personal data. We would have to disclose your personal data where we believe that disclosure is reasonably necessary to comply with the regulator or crime enforcement agency's demand.
When we think it is reasonably necessary to protect you or us
Occasionally businesses are subject to attempted criminal activities; this can affect both us and you. We will take all reasonable steps to protect you and our business but sometimes we may need to share your personal data where we think it is reasonably necessary to:
- Detect, monitor, investigate or prevent any suspected illegal activities, fraud or security issues
- Enforce our terms and conditions and to protect your and our rights and property
- Investigate and defend any third party claims or allegations
As part of a business sale or purchase, merger or reorganisation
From time to time we may look to purchase another business or sell or re-organise parts of our business to ensure that we remain in strong shape. Sometimes these types of corporate transactions involve the transfer of your personal data solely for the purposes of assessing the transaction. In the event that we sell or buy any business or assets, personal data which we hold about you may be one of the transferred assets.
In aggregated format
Strictly speaking this is not personal data, but on occasions we will use data from which you cannot be personally identified but which does include information that relates to you (such as your purchase history). This data is combined with data from other customers to provide general trends on customers preferences, ratings and reviews and general buying habits.
When do we send your personal data outside the European Economic Area and why does it matter?
From time to time we may use service providers outside the European Economic Area ("EEA"), in particular for the provision of IT services.
If we do share your personal data with service providers outside the EEA we will ensure reasonable safeguards are put in place to protect your personal data.
How long do we hold your personal data for?
We will not keep your personal data for longer than is necessary for the purposes described in this policy.
As a guide:
- we will keep personal data while your account is active
- we may keep certain categories of personal data after your account is closed in order to meet any legal or regulatory requirements, or to resolve a legal dispute
- and, because of this, we may keep different types of personal data for different lengths of time (for instance, we may need to keep certain personal data relating to your purchases in order to comply with HMRC's VAT reporting requirements)
Your rights
You have a number of rights under data protection laws; these are summarised below.
- the right to be informed
We need to be clear with you about how we process your personal data. We do this through our Contact Promise and this Privacy Policy, which we will keep as up to date as possible.
- the right of access
You can access the personal data we hold on you by contacting us 03330 148 208 or dpo@averys.com. To process your request, we will ask you to send us two forms of proof of identity so that we can be sure we are releasing your personal data to the right person.
We will process your request within one month or, if the request is particularly complex, two months. We can provide you with a copy of your personal data in electronic format or hard copy.
If we consider the frequency of your requests is unreasonable, we may refuse to comply with your request. In those circumstances, we would notify you of your right to complain to the Information Commissioner's Office.
- the right to rectification
We welcome feedback from you to ensure our records are as accurate and up-to-date as possible. If you think that the information we hold about you is inaccurate or incomplete please ask us to correct it by contacting us on 03330 148 208 or dpo@averys.com or by updating your details at any time through the My Details section in your online account. We will process your request as soon as we receive it or within one month of receipt at the latest.
- the right to erasure
You can ask us to delete your personal data; however, this is not an absolute right. We can refuse to erase personal data which we need to keep (i) to comply with a legal obligation (for instance, we are required by HMRC to keep certain personal data for up to 6 years for VAT reporting purposes); and (ii) in relation to the exercise or defence of any legal claims.
When you ask us to delete your personal data, we assume that you do not want to hear from us again. To ensure that we do not send you any special offers in the future (for example, if we purchased your details from a third party list), we will retain just enough of your personal data solely for suppression purposes.
Other than as described above, we will always comply with your request and do so promptly. We would also notify any third parties with whom we have shared your personal data (for instance, our carriers for the purposes of delivering wine to you) about your request so that they could also comply.
Some customers would still like to order our products but do not want to receive any marketing communications from us. This is not a problem as you can simply update your marketing preferences by contacting us on 03330 148 208 or dpo@averys.com.
- the right to transfer your personal data (known as data portability)
You have the right to move, copy or transfer your personal data from one organisation to another. We hold little information that would be much use to another wine merchant but if you do wish to transfer your personal data we would be happy to help.
If you ask for a data transfer, we will give you a copy of your personal data in a structured, commonly used and machine-readable form (for instance, in a CSV file format). We can provide the personal data to you directly or, if you request, to another organisation.
Please note that we are not required to adopt processing systems that are compatible with another organisation, so it may be that the recipient organisation cannot automatically use the personal data we provide.
When making a transfer request, it would be helpful if you can identify exactly what personal data you wish us to transfer.
We will comply with your request within one month or, if the request is complex or there are a number of requests from you, within two months.
- the right to object
If you would like us to stop processing your personal data for marketing purposes simply let us know by contacting us on 03330 148 208 or dpo@averys.com.
We put a lot of effort into personalising your experience with us to ensure that the offers we send you are interesting, relevant and timely. To do this we look at your previous purchases plus any wine preferences, ratings, reviews and favourites you may have indicated to build a profile of what you are most likely to want to buy. This is known as ‘profiling'.
If you don't want us to carry out any profiling using your personal data please let us know by contacting us on 03330 148 208 or dpo@averys.com. However, please be aware that if you ask us to stop profiling your personal data you will stop receiving personalised offers on the wines you enjoy the most.
Update
We may update this policy from time to time to take account of any new business activity or to reflect any changes in law or best practice in relation to data protection. We will notify you if we do so.
This policy was last updated on 10 January 2018.
En Primeur Terms and Conditions (the “Terms”)
What is En Primeur?
En Primeur is the term for buying wines as “futures”. That is, buying wines before they are bottled and released onto the market. Depending on the wine region, wines can be delivered at any time from one month to 2 – 3 years after the wines are offered. In the event that a wine is unavailable for reasons beyond our control, our liability will be limited to payments made in respect of the order affected.
Prices and payment
A description of the wines and prices are set out in the En Primeur lists and are correct at the time of publication. Errors and omissions are excepted.
Our En Primeur prices are the 'in bond' cost (i.e. exclusive of UK duty, VAT and applicable delivery charges). No discount or vouchers shall apply to En Primeur wines.
Customers may order En Primeur wines by calling our Fine Wine Team on 03330 148208 or by emailing finewine@averys.com.
When you place an order, we ask that you send us a cheque or provide us with your credit card details. Averys Bin Club members may use their credit facilities. We will charge you for the En Primeur price of the wines (excluding UK duty and VAT). We will notify you was soon as the wine arrives with us in the UK and you can then choose from the following options:
- to pay the delivery charge and UK duty and VAT applicable and take delivery of your wine to a UK address; or
- to pay the UK duty, VAT and delivery and receive the wine; or
- to pay the UK duty and VAT and store it Duty Paid.
Once we have received payment of the appropriate amount in cleared funds, we will action your instructions.
Interest Charges
If payment is not made by the due dates by you then we may without prejudice to any other rights we may have, charge interest at an annual rate of 5% above the current base rate of Barclays Bank PLC to be calculated on a day to day basis on the balance outstanding until payment is made in full.
Contract Creation
When we receive payment for the En Primeur price of your order, we will send you a receipt within 28 days to the address provided by you. Please retain this as proof of purchase. You will not receive any wine at this time.
Your En Primeur order is an offer to buy from us. A contract is not formed until we accept your order which takes place when we take payment of the wines at the En Primeur price. We reserve the right to cancel orders if we have not received payment within 14 days of the due date.
Ownership and Insurance
All wines or other goods remain the property of Averys of Bristol Ltd (trading as Averys Wine Mechants and Averys) or its associates until payment is received in full (in cash or cleared funds). You may resell the Wine but will account for the sale if so required by Averys Wine Merchants and if title to the Wine has not passed to you then prior to such sale you must notify the purchaser of these Terms relating to the title to the Wine. Should you resell the Wine prior to its arrival in the UK, you must ensure that you pass on any notifications you receive from us to the purchaser. However, you will remain liable for any outstanding payments.
All wines are insured by us at the original invoice value until your delivery and or storage instructions have been completed. We will insure the wines when stored at our bonded warehouse at market value. We accept no liability should these estimates be incorrect.
Cancellation
Wines ordered through our En Primeur service can only be cancelled within 14 days of placing the initial order but not at any time thereafter. A full refund of any payment made up to this point will be given on receipt of written notification of the cancellation of the order. Due to the nature of the En Primeur sales we regret that orders cannot be cancelled after this time.
Delivery and Storage
En Primeur wines will be delivered to the UK delivery location nominated by the customer. Should you request the wine to be delivered on a signature required service, please ensure that you are available to sign for delivery. Wines will not be delivered until all monies due to us have been received and cleared in full. Our standard delivery charges apply. Please see our Delivery Information section for further details.
We can store your wine (both ‘duty paid' or ‘in bond') in ideal, long-term cellar conditions. Our storage charge is currently £12.60 per case per year. Please contact us for further details. Please note that we currently charge a flat fee of £15 if you wish to transfer your wines to a different in bond storage facility.
If you do not contact us with instructions within 4 weeks of your wines being ready, we will place the wines into bonded storage on your behalf and at your cost.
When we arrange the transfer of your bonded wines to another bonded warehouse, your wines will travel under our movement guarantee. A movement guarantee is a form of financial security that we are required by law to have in place before transferring your wines under bond.
If your wines go missing during the transfer, or if the warehouse which receives your wines fails to notify HMRC when it receives them (whether at all or within the required time frames), we may become liable – under our movement guarantee – to pay VAT and duty on your wines, as well any fines and interest due.
In those circumstances, you agree that you will indemnify us against all VAT, duty, fines and interest that HMRC (or any other relevant body) may charge us and any associated legal and professional costs and expenses we may incur or suffer.
Acceptance
You or anyone acting on your behalf undertakes to inspect all goods when collecting or immediately on delivery and to notify us or the carrier immediately of any shortage, damage or other deficiency. You or anyone acting on your behalf will be deemed to have accepted the goods as satisfying your order three days after collection/delivery, and thereafter will not be entitled to reject wines for any reason, and no returns or credits will be permitted thereafter.
Default
If any payment is overdue for 14 days or the goods have not been collected within three months of being available, or there is an earlier indication from you that payment will not be made or the goods will not be collected, we shall be entitled to send written notice to the invoice address of our intention to deal with, sell or otherwise dispose of the goods and 7 days thereafter we shall be at liberty to do so unless payment in full is received or the goods are collected before the close of business on the seventh day. Any method of resale is entirely at our discretion.
Upon resale you will receive a credit of 80% of the lower of the net proceeds of the resale and the price of our original sale to you. Any balance after the credit shall remain payable by you and shall continue to carry interest. The existence of this right does not affect any other remedies we would have.
Availability
All goods are offered subject to availability. If the wines you have selected are unavailable we will contact you to advise you of this. If the producer fails to supply us with the wine we will contact you with available alternatives or offer a refund of monies paid.
Update us
It is your responsibility to keep us informed of any changes of address and other contact details in order to maintain any reservations you may have with us.
Liability
Our liability for losses you suffer as a result of us breaching these Terms is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.
Except as expressly provided in these Terms, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including but not limited to any of the following: a failure by you to provide correct delivery details, act of God, governmental act, war, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Governing Law and Jurisdiction
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.
Contact us
If you have any questions please do let us know by:
- Emailing finewine@averys.com
- Calling our Fine Wine team on 01173 008305
Wine Subscription Terms and Conditions
Wine Subscriptions offer a convenient and regular delivery of wine. When you join a Wine Subscription, these terms and conditions apply in addition to our standard Terms and Conditions of Sale and Use.
Every 12 weeks and at Christmas if eligible, we will offer you a selection of wine.
If you want to make any changes you can:
- Change the whole case to something different.*
- Swap individual wines for your favourites or a wine you'd particularly like to try.*
- Change the delivery date.
- And if we can't tempt you this time, you can easily skip the case altogether. *amendments to cases may mean the case price varies
The credit or debit card that you use to pay for the introductory case will be charged for all future wine subscription cases at the prices below (depending on the wine subscription that you have selected). You can skip a case or cancel your wine subscription at any time. Simply let us know by calling us on 03330 148 212.
| Wine Subscription | Future Case Price (plus £7.99 for standard delivery) |
| Averys Signature Collection | £120.00 |
| Claret Club | Case price varies but will be no more than £149.99 |
| Cellar Collection | Case price varies but will be no more than £165 |
Delivery details
We deliver anywhere in the UK except for the Channel Islands and BFPO addresses. We require that any order of £500 or more must be signed for (even if you select alternative delivery instructions when placing the order).
Averys Wine Merchants
9A Culver Street,
Bristol,
BS1 5LD
Telephone: 03330 148 208
Email: sales@averys.com
If you do have any comments on the above, or you simply wish to contact us, please feel free to e-mail, call or write to us.
We reserve the right to make changes to the website or to this disclaimer at any time.
This does not affect your statutory rights as a consumer.
Averys Unlimited Terms and Conditions
Averys Unlimited is our unlimited standard delivery service.
If you register for Averys Unlimited membership, then these terms and conditions (“Terms”) apply in addition to our standard Terms and Conditions of Sale and Use, Privacy Policy and Cookie Policy.
About us
In these Terms, references to “we” or “us” are to Averys of Bristol Ltd (trading as Averys Wine Merchants and Averys), a company incorporated in England and Wales (registered number 00376920) whose registered office is at 9A Culver Street, Bristol, BS1 5LD. Our registered VAT number is GB 823825133.
How does it work?
For an annual subscription of £24 (equivalent to £2 a month), you will receive unlimited standard delivery with any order, even just one bottle. Free delivery does not apply to withdrawals of wines you have stored with us.
Averys Unlimited is only available to customers aged 18 years or older and is not available for corporate customers.Benefits
If you purchase an Averys Unlimited subscription, you may:
- Use the Averys Unlimited service as much as you like on any orders – even for just one bottle, including wine plans.
- Use for multiple delivery addresses - ideal for gifts (recipients must be 18 years or over)
- Choose to upgrade to next day or named day delivery (including Saturdays) free.
Eligible Purchases
Averys Unlimited applies to any orders (no minimum volume required), including wine plan orders.
Conditions
Averys Unlimited is only available in the UK (excluding Channel Islands and BFPO addresses) for standard delivery. Standard delivery takes 5 working days (please allow a few extra days for delivery to offshore islands, Northern Ireland, Scottish Highlands and some other areas of Scotland). Additional charges may apply for next day, time slot, evening and palletised deliveries. Excluded from Averys unlimited are under bond transfers of wine held in reserve with Averys and deliveries to alternative warehouses.
You must have an Averys account to sign up for and use Averys Unlimited. Your subscription contract with us will be concluded once you receive an email or letter confirmation of your Averys Unlimited subscription. You may not transfer or assign your membership or these benefits.
Fees Renewal
At the end of the first and any following subscription year, your membership will renew automatically for another year unless you notify us before renewal that you wish to cancel or do not wish to automatically renew. You authorise us, without further notice to you, to collect the subscription fee from the same card used against the original subscription.
Membership Cancellation
You can cancel at any time and receive a full refund provided you have not used the service. If you purchase an Averys Unlimited subscription in conjunction with wine with such wine being delivered under the Averys Unlimited offer, our standard cancellation policy applies to the wine and to Averys Unlimited. If you keep the wine but want to cancel your Averys Unlimited subscription, we will refund you the appropriate sum paid by you less the relevant delivery charges.
Amendments to these Terms
We may update or amend these Terms or any aspect of the Averys Unlimited subscription from time to time by amending this page without notice to you. However, additionally, we will write to you if the subscription fee changes. Your continued membership after such changes constitutes acceptance of the changes. If you do not agree to such changes you must cancel your membership.
Termination
We may terminate your Averys Unlimited subscription at our discretion without notice. If we do so, we will give you a pro-rated refund of your subscription fee. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of Averys Unlimited or is harmful to our interests or another customer. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Liability
Our liability for losses you suffer as a result of us breaching these Terms is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law. Subject to the preceding sentence, our maximum liability to you will not exceed the last annual subscription fee you paid.
Except as expressly provided in these Terms, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including but not limited to any of the following: a failure by you to provide correct delivery details, act of God, governmental act, war, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
How to join?
Please select the Averys Unlimited delivery option at checkout or call us on 03330 148 208
Prize Draw and Competition Terms and Conditions
Unless otherwise stated, the prize draw or competition is run by Averys of Bristol Ltd (trading as Averys Wine Merchants and Averys) of 9A Culver Street, Bristol, BS1 5LD (the "Promoter").
The prize
The prize is stated on each individual prize draw or competition (a ‘Promotion').
All prizes are non-transferable, non-refundable, non-negotiable and cash alternatives are not available.
The Promoter reserves the right at all times to substitute any element of the Promotion (including replacing any prize with an alternative) as necessary due to circumstances outside its reasonable control.
Eligibility
Entrants must be aged 18 or above at the time of entry and must have an address in England, Scotland or Wales (unless otherwise stated) to which the prize can be delivered. No Promotion is open to any employees of the Promoter or their families (defined as parents, children, siblings, spouses or life partners), or any person professionally connected with the relevant Promotion. The Promoter reserves the right to verify the eligibility of entrants.
Instructions on how entrants may enter is stated on each individual Promotion.
Only one entry per person shall be allowed for each Promotion unless otherwise stated. Any further entries from persons who have already entered a particular Promotion shall be disqualified.
Winners may be required to submit valid identification before receiving any prize. The Promoter reserves the right to invalidate the relevant entry and disqualify the entrant from any Promotion and refuse to award the prize if there are reasonable grounds to believe that there has been a breach of these Terms and Conditions by an entrant.
Duration of Promotion
The closing date is stated on each individual Promotion.
The Promoter reserves the right to modify, terminate, suspend or extend any Promotion at any time without prior notice.
Allocation of prize
All qualifying entrants will be placed in the draw. Winners will be drawn after the closing date at random from all valid entries received.
Notification of prize
Winners will be notified by telephone (where provided) within 72 hours of the relevant draw taking place. If the Promoter is unable to get hold of the winner by telephone, it will attempt to contact the winner by email (where provided). Where no telephone number or email address is provided, the Promoter will attempt to contact the winner by post. Entrants should ensure that they provide correct contact details.
The Promoter's decision will be final and no correspondence regarding the prize allocation will be entered into.
Winners will have seven days from the date that the Promoter first notified them to claim their prize. Failure to do so will result in forfeiture of their prize. In case of forfeiture, the Promoter reserves the right to carry out a subsequent draw.
Upon claiming a prize, winners will be required to send the Promoter full details of their postal address to which the prize will be delivered (if not already provided).
General
Winners may be required to participate in publicity associated with a Promotion and the Promoter (or any third party nominated by the Promoter) may use the winner's name and image and their comments relating to the Promotion for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
The Promoter reserves the right to make any amendment or addition to these Terms and Conditions.
Entries will not be acknowledged and no responsibility can be accepted for entries which are not properly received due to circumstances beyond our control. Proof of entry is not proof of receipt.
Entrants are advised to retain and keep safe these Terms and Conditions. Entry to the Promotion confirms acceptance of these rules as final and legally binding.
The list of winners' names may be obtained by sending a stamped addressed envelope to Averys Prize Draws at the address set out in paragraph 1 within 1 month of the closing date.
The personal information supplied by entrants will be handled in accordance with our Privacy Policy.
These terms and conditions will be exclusively governed by and construed in accordance with the laws of England, unless entrants are resident in Scotland or Northern Ireland, in which case they may choose the law of their place of residence. Entrants irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, unless they are resident in Scotland or Northern Ireland in which case they may choose the courts of their place of residence.
The Promoter shall not be liable in any way for a) any costs or expenses associated with claiming or redeeming any prize and not specifically included within the prize as stated on each individual Promotion, b) any damages, liability or injury arising out of or in any way connected with the Promotion or the prize other than those costs and expenses specifically stated on each individual Promotion. Nothing in this disclaimer is intended to limit the promoter's liability for death or personal injury arising out of the Promoter's negligence.
Events Terms and Conditions
Averys encourages responsible drinking. By buying and using a ticket for an event, you accept that:
- There is strictly no admittance to anyone under 18 years old, including babes in arms and pushchairs. We reserve the right to ask for photographic identification with proof of age;
- Strictly no containers holding wine, beer or spirits can be removed from the premises – unless they have been purchased from the shop;
- There is no smoking allowed within the venue;
- No fancy dress is permitted at the event;
- You may be photographed, filmed and sound recorded for broadcast or publication;
- The venue and organisers shall not be liable for any loss, injury or damage within the premises;
- Attendees will be liable for the full commercial cost of any wines or equipment lost or damaged as a result of their individual actions whilst on-site;
- Should this ticket be re-sold or transferred for profit or commercial gain by anyone other than Averys, it will become voidable and the holder may be refused entry to, or ejected from, the venue.
Averys reserves the right in combination with any other statements or directives which may be shown on the ticket or displayed in their premises to:
- Alter the composition of the event, talks or demonstrations without being obliged to refund monies or exchange tickets;
- Refuse the use of any form of audio or visual equipment;
- Conduct security searches to ensure the safety of attendees;
- Refuse admission or expel any person whose conduct renders such a course necessary.
Event bookings, changes and cancellations
If the event is cancelled, postponed or other material changes are made (such as a change of the venue), we will notify you as soon as reasonably practicable. The original tickets that you have purchased will remain valid for the revised event (except for in the case of cancellation) unless otherwise advised. However, should you be unable to attend the revised event or in the case that an event is cancelled, we will offer you the option to attend an alternative event or a refund of the face value of the tickets.
Tickets are valid only for the date and time booked. If you are unable to attend the event you have booked, please contact us immediately. Please note that we will not be able to refund you if you cancel less than 5 working days before the date of the event, with the exception of Wine and Dinner Evenings where we require at least 14 working days’ notice of cancellation before the event date. No-show bookings are non-refundable and you will not be able to rebook for a different date. To cancel your place at an event or change the date/time please call 0117 921 41 46 or email events@averys.com
Personal arrangements including travel, accommodation or hospitality relating to the event which have been arranged by you are at your own risk. Averys shall not be liable for you for any loss of enjoyment or wasted expenditure.
Event Offers
You or anybody you buy wine for must be 18 years or over. All goods are subject to availability. Prices and special offers are valid only for the duration of the featured event unless otherwise stated, or while stocks last. All offers (including free delivery) are limited to one per household per offer. Averys reserves the right to alter prices and cancel, modify or supersede any promotion without notice. Please see order form at the event for specific offer terms.
Event offers cannot be used in conjunction with wine plans, introductory offers, En Primeur or any other vouchers or promotions not included in any specific event-related materials (including event emails and mailings) or not offered at the event.
Averys of Bristol Ltd. Registered in England and Wales. Registered Number 00376920. 9A Culver Street, Bristol, BS1 5LD.
Rewards
If you subscribe to Rewards, these terms and conditions and our Standard Terms apply.
How Rewards works
Rewards is a way for you to spread the cost of your wine across monthly payments of an amount of your choosing.
When you join Rewards, you will select an amount that you wish to pay into your account every month. You can select £30, £40 or £50 when joining or, if you join by purchasing a Rewards introductory case, a default payment of £30 will apply. You can increase this to a maximum payment of £250 and decrease to a minimum payment of £20 every month (but payments must be in increments of £5).
You can also take a payment holiday – by choosing to postpone a monthly payment - up to two times in each twelve-month period starting on the date you join Rewards and each anniversary of that date. By joining you authorise us to collect these monthly payments from the credit or debit card you used to make the initial payment.
You can use the funds in your account at any time when you buy almost all of our products or services, online or by telephone. If you do not have enough funds in your account, or you do not wish to spend them all, you can make a purchase using a mix of funds in your account and using your credit or debit card, paypal account or any Averys’ vouchers you may have.
Please note that there may be certain restrictions on using your Rewards funds to pay for the first and any subsequent instalments on certain products and services that require ongoing payments (such as Wine Plan cases, En Primeur and other pre-sell products and our wine storage charges).
Rewards and our wine/spirit plans
If you have a wine/spirit plan with us, you can choose (via your online account or by calling us on 03330 148 208) to pay for your wine/spirit plan cases using any funds you have in your Rewards account.
If you choose to do so, we shall debit your Rewards account for the full value of each wine/spirit plan case you have signed up for. In the event of a shortfall in your Rewards account, we shall charge the balance to any credit or debit card you have stored with us.
The benefits of Rewards
By joining Rewards, you will spread the cost of your wine across monthly payments of an amount of your choosing.
In addition, whilst you continue to make payments into your Rewards account, you will receive:
• a free bottle of wine usually priced at £10 or more for every order of 12 (75cl) bottles of wine or more, and
• free standard delivery on every order of 12 (75cl) bottles of wine or more, (which is normally subject to a £7.99 charge). Free delivery does not apply to withdrawals of wines you have stored with us. Please note that we deliver only in the UK (excluding the Channel Islands and BFPO). You may only use up to 20 different delivery addresses in relation to these benefits.
As long as you continue to make payments into your Rewards account, these benefits will apply whether or not you choose to pay for the order using the funds in your account (i.e. even if you choose to pay by credit or debit card, you will still get the benefits).
Rewards eligibility
Rewards is only available to customers aged 18 years or older and is not available for corporate customers.
When you make purchases using your Rewards funds
If you use your funds to make purchases of your choosing, in addition to these terms, our Standard Terms apply.
Unspent Rewards funds
We will send you updates from time to time if you have unspent funds in your account. We will contact you by writing to the email address and/or physical address that you have provided us with.
If you have not spent your funds in 2 years and you are no longer an active subscriber, we will write to you to notify you of the unspent balance. We will make follow-up contact by telephone (where you have given us your telephone number) and again in writing. We will send a final letter by recorded delivery.
If you have not spent the outstanding balance within 3 months of the date of the letter sent to you by recorded delivery, you authorise us to treat such funds as abandoned and you agree that we shall have no further liability to you.
Your rights to cancel your Rewards membership
You can cancel your membership at any time by calling us on 03330 148 208 or using the Contact Us form.
When you cancel your membership, you will continue to enjoy your Rewards benefits until the date one month after the date of your final payment into your account and you can either:
any funds in your account to spend as and when you want (although please note you will only continue to enjoy your Rewards benefits until the date one month after the date of your final payment into your account); or ask us to return any funds in your account to you immediately. We shall return any balance to you by crediting the card which you used to pay in funds to your Rewards account.
Our rights to terminate your membership
We may terminate your membership with immediate effect and without notice to you if:
we do not receive payment from you in respect of your membership; you are not eligible for membership; you do anything which is in breach of these terms and conditions or our Standard Terms; or you do anything which is illegal or harmful to our interests. If we terminate your membership for any of the above reasons, we will return any balance in your Rewards account to you. We shall do so by refunding the card which you used to pay in funds to your Rewards account.
If we cease offering Rewards and do not replace it with a different type of membership in accordance with the paragraph below, we will write to you at least 1 month prior to the cessation date and will return any balance in your Rewards account to you shortly after the cessation date. We shall do so by refunding the card which you used to pay in funds to your Rewards account.
If we replace Rewards with a different type of membership which offers benefits of equivalent or greater value, we will write to inform you that we will be changing your membership type. We will give you at least 1 month’s notice before such change comes into effect. If you do not wish to accept such change, please tell us and we will cancel your regular payments.
Amendments to these Membership Terms
If we amend these terms and conditions (including to make changes to the membership benefits) further to the general section of our Standard Terms, we will notify you when the changes come into effect. Your continued payments after that date constitutes acceptance of the changes. If you do not agree to such changes, please tell us that you want to terminate your payments.
Last updated: April 2019
Storage Service
Please read these terms and conditions for storage carefully and retain a copy of these terms for future reference.
These terms and conditions apply to the storage of wines purchased from Averys of Bristol Ltd (company number 00376920) whose registered office address is at 9A Culver Street, Bristol BS1 5LD ("we" or "us").
By storing your wine with us you agree to follow these terms and conditions. We reserve the right to suspend your account if it reasonably appears that you are in breach of any of the terms and conditions.
All wines purchased from us can be stored in our state of the art storage facility. The temperature and humidity are controlled and maintained at consistent levels and our 24 hour on site security and constant CCTV monitoring ensures all cases are contained in a secure environment. Charges for storage apply to wines (either duty paid or under bond) held by us. For further details of charges and our full terms and conditions please see below.
Which wines can be stored?
Only wines purchased from Averys of Bristol Ltd can be stored, unless otherwise agreed with us. Storage can only be requested at the time of purchase or, for wines purchased En Primeur, upon arrival in the UK.
We regret that we cannot collect wines for storage from customers' addresses.
Unmixed 12-bottle cases or part cases, if listed as such, can be stored. Please note that part cases will be chargeable at the full case rate. Mixed cases will not be accepted for storage (unless specifically agreed otherwise with us). We regret that we normally cannot place in reserve non-vintage wines or bottled spirits.
Charges
Rent and insurance will be charged at £12.60 per case per annum inclusive of VAT and is payable annually in advance. We reserve the right to increase the annual charge but you will be notified in advance of any changes.
The annual rental period runs from 1 January - 31 December each year. Wine purchased from us and put into storage for less than one year will be charged a pro-rata amount based on the annual fee calculated from its arrival into the warehouse up to the end of the rental year.
Wine not purchased from us and put into storage for less than one year will be charged the higher of: (i) a pro-rata amount based on the annual fee calculated from its arrival into the warehouse up to the end of the rental year; or (ii) £60. The aforementioned storage fees are not refundable or part refundable should wine be removed from storage during that year.
A list of wines stored by us together with an invoice for storage for that year will be sent to customers once a year, at the beginning of the annual rental period (i.e. in January). The invoice is payable by you within 30 days of the date of our invoice.
Wines purchased En Primeur will become subject to storage charges only upon arrival in the UK. Upon arrival in the UK, you can decide whether to take delivery of the wine or store the wine either in bond or duty paid. We will send you an invoice setting out the various costs. Upon payment of the relevant amount, we will action your instructions. If you do not contact us within 30 days of the date of such invoice, we will place the wines into bonded storage and at your cost.
We reserve the right to invoice rental charges for wines placed into storage after the annual rental charge has been applied.
Non-payment
We will make every effort to contact you on an annual basis, to check whether you would like to remove or keep your wine in storage. We will contact you by writing to the last known address on our records. Follow-up contact will be made by telephone and again in writing. A final letter will be sent by recorded delivery.
All storage charges are payable annually within 30 days of the date of the invoice sent to you. Your failure to pay any storage charges within this period will be deemed a material breach of these terms and conditions and we reserve the right to take back and sell the wines and use the proceeds of sale (less any reasonable costs incurred by us, including but not limited to duty paid and a £20.00 administration fee) to pay any outstanding balance owed to us by you. In the event that these proceeds fail to satisfy any outstanding balance owed to us by you, you must pay the outstanding balance in full within 30 days of written notice from us to you of the amount that remains outstanding. We reserve the right to charge interest, on demand, at the rate of 5% above the base rate of Barclays Bank on unpaid accounts. In the event that the proceeds exceed any outstanding balance owed to us by you, we will provide you with written notice of the same at the last known address on our records and hold the amount for you for a period of 12 months, payable on demand by you. If you have not claimed any proceeds held by us within this 12 month period, you authorise us to treat such proceeds as abandoned and we reserve the right to use such proceeds of sale for charitable purposes and shall have no further liability to you.
In the event that we are unable to sell the wines for whatever reason in accordance with the above paragraph, you authorise us to treat such wines as abandoned and we shall have the right to destroy or otherwise dispose of such goods at out absolute discretion and shall have no liability to you in respect of the same.
Withdrawal and the delivery of wines from storage
If you would like information on your wines at any time please call a Customer Services Advisor on 03330 148 208 who can also withdraw some or all of your wine cases if you wish.
All stored cases can be withdrawn only as a complete case and not as single bottles. We reserve the right not to deliver if the request is to deliver a split case or single bottle.
Customers who elect to have their wine cleared from bond will be required to pay duty and VAT at the prevailing rates at the time of delivery. Please contact a Customer Services Advisor on 03330 148 208 for details of current rates of duty and VAT.
You will be charged the current rate of £7.99 for a standard 7 working day delivery for each withdrawal (i.e. a single charge for one or more cases) for delivery to a mainland UK address. For more remote areas (including offshore islands, Northern Ireland, Scottish Highlands and some other areas of Scotland) and during busy trading periods please allow 14 working days. Charges are subject to review but you will be notified in advance of any changes. Other delivery services are available including transfers to other storage facilities. Please contact us for further details.
Our standard delivery charges apply to deliveries Monday to Friday during office hours (9-5pm). Subject to prior arrangement we reserve the right to apply a surcharge for any delivery times specified outside these hours.
All wines withdrawn from storage for delivery will be despatched on a signature required service. Please ensure that you are available to sign for delivery. Wines will not be withdrawn or delivered from storage until all monies due to us have been received and cleared in full.
We are able to arrange for transfer of bonded wines to another bonded warehouse for a charge of £15. Please contact us for further details.
Insurance
Your wine will be fully insured at all times. Claims will be met by either the replacement value or the market value of the goods, whichever shall be the lower. We accept no liability should these estimates be incorrect.
The safety of the wine in transit and its condition when it is finally delivered to you are covered by our normal insurance guarantees. Claims should be made within 28 days from the withdrawal request date and will be met on a replacement value basis.
Limitations of Liability
We are not liable for any loss of condition or decline in market value due to natural processes, ullage, or being cellared too long. Wines which, in our opinion, should be withdrawn for immediate consumption may suffer in time from ullage/low levels and are held at the customers’ risk.
We are not liable for failure to meet agreed obligations due to prevailing circumstances beyond its reasonable control.
Ownership
All wines or other goods remain the property of Averys of Bristol Ltd or its associates until payment is received in full (in cash or cleared funds). Risk of loss or damage to the wines or other goods shall pass to the customer when they are physically delivered to or collected by the customer or an agent acting on behalf of the customer.
If you wish to transfer ownership of your wines, please contact us for further details.
Whilst we appreciate that our customers may wish to sell cases of wine from time to time, we reserve the right to withdraw our storage facilities should we have reason to believe that it is in association with any brokerage services. In this instance the customer should arrange for collection of wines stored on their behalf within 14 days of receipt of notice of termination. All monies due to Averys of Bristol Ltd must be settled prior to collection. In the event of a customer not arranging collection at our request, we reserve the same rights as are set out in the Non-payment section above.
Change of customer details
It is the responsibility of customers to notify us promptly of any change in their contact details.
Variation of terms and conditions
These terms and conditions are subject to variation. You will be informed in advance of any such changes.
Governing Law
These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
Contact Us
You can write to us at our registered address above, or you can call our customer services team on 03330 148 208.
