In order to register and shop with Planet of the Grapes you must be over 18 years of age.

YOUR CONTRACT WITH PLANET OF THE GRAPES (THE “CONTRACT”)
This website is operated by Planet of the Grapes ("we", "us" or "our"). Use of this website and all purchases made on this website are governed by these Terms and Conditions as updated from time to time and published on this website. The Terms and Conditions governing any given purchase will be those in effect at the date of your order. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.

After receipt of your order, we will confirm acceptance of your order by email to the email address you have provided to us. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions. Any other automated messages which acknowledge your order are for information only and will not constitute acceptance of your order and will not be deemed to conclude the Contract.

You must be 18 years old or over and must have completed the registration process in order to participate in our service.

You must purchase a minimum of 9 litres in each order, which is the equivalent of 12 bottles of wine.

PAYMENT
The price of the goods will be as quoted on the website at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.

The prices stated on the website will be inclusive of any VAT payable.

The price of the goods includes the cost of delivery if:

• the delivery address is within the following postcodes:

E1, E2, E3, E4, E5, E6, E7, E8, E9, E10, E11, E12, E13, E14, E15, E16, E17, E18, EC1, EC2, EC3, EC4, N1, N2, N3, N4, N5, N6, N7, N8, N9, N10, N11, N12, N13, N14, N15, N16, N17, N18, N19, N20, N21, N22, NW1, NW2, NW3, NW4, NW5, NW6, NW7, NW8, NW9, NW10, NW11, W1, W2, W3, W4, W5, W6, W7, W8, W9, W10, W11, W12, W13, W14, WC1, WC2, SW1, SW2, SW3, SW4, SW5, SW6, SW7, SW8, SW9, SW10, SW11, SW12, SW13, SW14, SW15, SW16, SW17, SW18, SW19, SW20, SE1, SE2, SE3, SE4, SE5, SE6, SE7, SE8, SE9, SE10, SE11, SE12, SE13, SE14, SE15, SE16, SE17, SE18, SE19, SE20, SE21, SE22, SE23, SE24, SE25, SE26, SE27 or SE28 (“Central London”); or

• the total value of your order (inc. VAT) is £250 or more.

An additional delivery charge of £10 will be payable for all deliveries in mainland United Kingdom (excluding the Channel Islands) which are outside Central London and under £250.

Deliveries outside mainland United Kingdom (and to the Channel Islands) will be made only by prior arrangement with Planet of the Grapes and Planet of the Grapes reserves the right to charge you a reasonable delivery charge.

Payment may be made by debit card, credit card, or cash on the terms set out below. We accept all major debit and credit cards.

Payment may only be made by debit card or credit card in advance of delivery and conclusion of the Contract. Planet of the Grapes will confirm acceptance of your order by email once your payment has been successfully processed.

If agreed in advance with Planet of the Grapes, payment may be made by cash at the time of receipt of delivery. Planet of the Grapes and its employees and agents reserve the right to refuse to accept cash which it suspects may be counterfeit. If the correct payment is not made the goods will not be delivered.

Payment may only be made by cheque by prior arrangement with Planet of the Grapes and with a valid cheque guarantee card.

You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

DELIVERY
A convenient delivery date will be arranged with you after receipt of your order. Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the ‘Change Address’ feature within the ‘Delivery Information’ section on the website.

Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay.

We will always try to supply you with the correct goods and the correct quantity of goods that you have ordered. In the event that the goods delivered are incorrect you must notify us promptly. We will arrange with you for incorrect goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

We will always try to offer you a short delivery slot. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.

Should you fail to be present for your delivery we are entitled to charge you in full for the cost of delivery.

DEFECTIVE GOODS/CANCELLATION
We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will arrange with you for the defective goods to be returned to us. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

You may amend your order up until 10am on the day before the day of delivery.

In respect of non-perishable items, you have the right to cancel the Contract up to 7 working days following the delivery of the goods by notifying us by telephone or email. Please note that the goods must not be used and must be in good condition. We will arrange for the goods to be returned to us and you will be required to pay the cost of retrieving the goods. We will credit your payment card with the price of the goods less the cost of retrieving the goods within a reasonable period of the day on which notice of cancellation was given (provided payment has already been debited from your payment card).

In the case of perishable items you do not have the right to cancel the Contract.

YOUR ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the 'my account' area of the website.

Planet of the Grapes reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Planet of the Grapes may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing or by email. If you do so, you must stop using the website. The suspension or cancellation of your registration and your right to use the website shall not affect either party's rights or liabilities.

YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Planet of the Grapes, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’; or
• to cause annoyance, inconvenience or needless anxiety.

PRIVACY
The privacy of our users is important to us and we take care to safeguard it. This policy explains how we use your personal information.

When you register as a user, we will collect the information necessary to provide the service which includes, as a minimum, your name, address, contact telephone number and an email address.

We will also collect information from you if you complete any other forms on our site or if you contact us with comments or specific requests.

All personal information is stored in secure databases. Access to that information is strictly controlled and limited to certain individuals within our company. If your email address or any of your other contact details change, please use the 'my account' feature to update our records.

We provide a service which is personalised to each of our visitors. We will conduct market research surveys and may run competitions. We or other carefully selected third parties may provide you with information and details of products and services relevant to you.

If you decide you would like to receive our monthly newsletter, you will receive this email once per month only. If this is sponsored by one of our approved third parties then their details will also appear on the email.

You may also receive occasional email messages from us or carefully selected third parties on matters which we think may be of interest to you. We promise never to bombard you with rubbish.

The registration form will give you the opportunity to opt out of receiving such information. You can also check or change your preference at any time via the ‘my account’ feature.

You can continue to use this website without registering. This gives you anonymity but you will not be able to purchase any of our products.

We automatically collect information about your visit to our site. This information is used to make your visit to our site more efficient, and to help us follow browsing preferences on our site so that we can make regular improvements.

PLANET OF THE GRAPES’ LIABILITY
This website is provided by Planet of the Grapes without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

Planet of the Grapes makes no warranties, representations or undertakings about:

• any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness, non infringement of third party rights or fitness for any particular purpose of such content); or
• any content of any other website referred to or accessed by hypertext link through this website ("3rd party site").

Planet of the Grapes does not endorse or approve the content of any 3rd party site, nor will Planet of the Grapes have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website.

Nothing in these Terms and Conditions shall exclude Planet of the Grapes' liability for personal injury or death caused by its negligence.

Although Planet of the Grapes aims to offer you the best service possible, Planet of the Grapes makes no promise that the services will meet your requirements. Planet of the Grapes cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to webmaster@planetofthegrapes.co.uk.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Planet of the Grapes will attempt to restore the service as soon as it reasonably can.

INTELLECTUAL PROPERTY
The contents of these pages are copyright © Planet of the Grapes 2004. You may download to a local hard disk and print extracts from this website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit.

However, reproduction of part or all of the contents in any form is prohibited unless for personal use. None of the content of this website may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of this site or any part of it is not permitted without express permission.

Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

ADVERTISING AND SPONSORSHIP
Part of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

GOVERNING LAW
These Terms and Conditions will be made under English law and subject to the jurisdiction of the courts of England and Wales .

INTERNATIONAL USE
Planet of the Grapes makes no promise that materials on the website are appropriate or available for use in locations outside the United Kingdom , and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom , you do so on your own initiative and are responsible for compliance with local laws.

MISCELLANEOUS
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Planet of the Grapes ignores this, Planet of the Grapes will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Planet of the Grapes shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

The Planet of the Grapes website is owned and operated by Planet of the Grapes Limited.
Registered in England and Wales under company number 6192750 and whose registered office is at 23 Ayrsome Road, London N16 0RH.
VAT No. 835 7392 01

 July 2007