Terms and Conditions of Sale and Use
In these Terms, references to “we” or “us” are to Benchmark Drinks Limited (trading as Botham Wines, www.bothamwines.com), a company incorporated in England and Wales (registered number 11164581) whose registered office is at Timpsons Business Centre, Bath Road, Kettering, Northamptonshire, NN16 8NQ. Our registered VAT number is GB 292385965.
Terms of Sale
The placing of an order anywhere on our Site 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 Benchmark Drinks Limited (t/a Botham Wines, www.bothamwines.com) nor at the point when you receive an email from Benchmark Drinks Limited (t/a Botham Wines, www.bothamwines.com) 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.
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 Site 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.
All products 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 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.
We deliver throughout the UK except for the Channel Islands and BFPO addresses. For further details on the prices for delivery please go to the Delivery & Returns section of our Site. 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.
Free delivery applies within the UK when your purchase exceeds an order value of £50 (excluding the cost of delivery) and is for our standard delivery service to a single UK address only.
Cancellations, Replacements and Refunds
If you buy any of our wine and it is faulty, please see our Quality Guarantee section below.
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 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).
This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Customer Services team using one of the methods in the “Contact Us” section below.
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: firstname.lastname@example.org
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 Benchmark Drinks Limited (t/a Botham Wines, www.bothamwines.com) 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.
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 0330 041 6205
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. Benchmark Drinks Limited (t/a Botham Wines, www.bothamwines.com) 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.
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.
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, flood or storm, 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.
- 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.
If you have any questions regarding orders or any general enquiries please do let us know by:
- Entering the relevant details on the Contact Us page
- Emailing email@example.com
- Calling our Customer Support Line on 0330 041 6205
Use of the Site
To comply with licensing and other legislation, the Site is only available to those aged 18 years and over. By using the Site, you agree that you are aged 18 or over. If you are not, you must not use the Site. We will ask you to enter your date of birth before viewing the Site.
You agree to use the Site 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 Site.
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.
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 Account” section of the Site.
- 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 Site or your account.
Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Botham Wines 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 Site 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.
User comments and content
You may post reviews and other content which may be disclosed, submitted or offered to us on or through the Site 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.
Privacy and data protection
We have taken all reasonable care in the preparation of the content of the Site. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Site or their contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Site and content on the Site 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 Site.
We expressly exclude, to the fullest extent permitted by law, all liability of Benchmark Drinks Limited, 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 Site; or (ii) use of or reliance on any content displayed on the Site.
All content, text and graphics on the Site, unless specified, are directed solely at those who access the Site from the United Kingdom (excluding the Channel Islands). We make no representation and will not be held liable for any use of the Site by individuals who access the Site from other locations.
Information transmitted via the Site will pass over public telecommunication networks. We make no representation or warranty that the operation of the Site will be uninterrupted or error free and we will not be liable to you if for any reason the Site are unavailable at any time or for any period or if there are any errors.
The Site 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 Site). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
We reserve the right to suspend your use of the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site and/or your account with us with immediate effect if you breach any of these Terms.
Amendments to these Terms
We may update 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 Site. By continuing to use the Site 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.
Competition Terms and Conditions – Win a pair of tickets to exclusive wine tasting hosted by Sir Ian Botham OBE (07.11.19)
- The promoter is: Benchmark Drinks Limited (company no. 11164581) whose registered office is at Timsons Business Centre,Bath Road, Kettering, Northamptonshire, NN16 8NQ (“the Promoter”)
- The competition is open to residents of the United Kingdom aged 18 years or over except employees of the Promoter, their close relatives and anyone otherwise connected with the organisations or judging of the competition.
- The Promoter reserve the right to request written proof of the age, identity and residence of the winner.
- The rules of the competition and how to enter are as follows:
- Go to bothamwines.com/competitions
- Entrants must enter their contact details using the hyperlink on the competition page and then agree to the Terms and Conditions outlined.
- Once the entrant has completed this, the entrant will be automatically entered into the free prize draw to win a pair of tickets to the exclusive wine tasting hosted by Sir Ian Botham OBE at Bart’s Brewery, 66 West Smithfields, London, EC1A 9DYon 7th November 2019.
- There are 10 pairs of tickets to be won in this competition.
- Entries can be made from midday on 25.08.19 to midnight 01.10.19. Entries made after this time will not be permitted.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these Terms and Conditions.
- Multiple entries from the same entrant will be accepted so long as the entrant has qualified for entry between midday on 25.08.19 and before the closing date of midnight on 01.10.19.
- The Promoter, its sub-contractors, subsidiaries and / or agents cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem which may result in any entry to the competition not being properly registered.
- The Promoter reserves the right to: (i) vary these Terms and Conditions, including but not limited to the opening and closing times for nominations; (ii) disqualify any entrant who breaches the rules or has acted fraudulently in any way; or (iii) cancel the competition, at any stage, if in their opinion it is deemed necessary or if circumstances arise outside its control.
- The prize is as stated, and no cash or other alternatives will be offered. The prize is not transferable. The prize is subject to availability and the Promoter reserves the right to substitute the prize with another of equivalent value, without giving notice, in the event of unforeseen circumstances. It is the winner’s responsibility to cover all associated costs with attending the wine tasting at Bart’s Brewery, 66 West Smithfields, London, EC1A 9DY on 7thNovember 2019.
- Winners will be chosen at random by software, from all entries received and verified by Promoter and or its agents.
- The winner will be notified by email within 3 days of the closing date of the competition.If the winner cannot be contacted or does not claim the prize within 7 days of notification, the Promoter reserves the right to withdraw the prize from the winner and pick a replacement winner.
- The Promoter will notify the winner when and where the tickets to the event can be collected / delivered.
- The Promoter’s decision in respect of all matters relating to the competition will be final and no further correspondence will be entered into.
- The Promoter cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting the prize. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
- The competition and these Terms and Conditions will be governed by English Law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
Last updated: August 2019