Terms & Conditions of Use and Sale
Welcome to Lay & Wheeler's fine wine website. Lay & Wheeler provide access to the laywheeler.com website (the "Website") and sell our products and services to you subject to the conditions set out on this page.
Please read these conditions carefully before using the website as the use of the website will signify your agreement to be bound by these conditions. This contract is available only in English. We recommend that you print or save these conditions for future reference.
All contracts are governed by English law and jurisdiction.
Your use of the website constitutes your acceptance to maintain the confidentiality of your account details including login ID, password and activation key and for restiction access to your computer and details to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account/password and should take all necessary and reasonable steps to ensure that your login details are kept securely and remain confidential. You must inform us immediately should you have any reason to beleive that your login details have been disclosed to anyone else, or if they are or are likely to be being used in an unauthorised mannor.
It is your responsibility to ensure the details you provide are correct and complete and to inform us immediately of any changes to the information you provided on registration. You can access and amend most of this information in the members area of the website.
Lay & Wheeler reserve the right to refuse, restrict, suspend or terminate accounts; remove or edit content and to cancel orders, at our discretion. Should we cancel an order, it will be without charge to you.
Please view our Privacy Policy, which governs your visit and any subsequent relationship with Lay & Wheeler
Lay & Wheeler and its suppliers/partners will do their utmost to ensure continued and uninterrupted availability of the website and error-free transmissions. However, due to the nature of the Internet, this cannot be guaranteed. In addition, access to the website may be occasionally suspended or restricted to permit repairs and maintenance, including, but not limited to the introduction of new facilities or services. Lay & Wheeler will endevour to limit the frequency and duration of any such suspensions or restrictions of service.
5.1 All copyright, database rights, trademarks and any other intellectual property rights in and to the content on this website, such as, but not limited to, text, graphics, logos, banners, images, buttons, underlying source code and software, is the sole property of Lay & Wheeler, or the applicable licensor; and protected under UK and international law
5.2 Any use (including copying, reproduction, duplication, transmission), or display of the content of this website, without the express written permission of Lay & Wheeler for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
5.3 As an explicit exception, permission is hereby granted to electronically copy, and to print in hard copy, portions of this website for the sole purpose of placing an order with Lay & Wheeler or using this website as a shopping resource
5.4 In addition, Lay & Wheeler grants you limited access to make personal use of this website, but not to download (other than page caching) or modify any portion of it.
5.5 The website, or any portion thereof, may not be reproduce, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose witout Lay & Wheeler's express written consent.
5.6 You are granted a limited, revocable and non-exclusive right to create a hyperlink to the website, provided the link does not portray the website or its products or services in a false, misleading, derogatory or otherwise offensive mannor.
6.1 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interupted, damaged or impaired in any way.
6.2 You are responsible for all electronic communications and content sent from your computer (or other device that accesses the website).
6.3 You must agree to use the website for lawful purposes only.
6.4 You must not use or permit anyone else to use the website:
• For fraudulent purposes
• In connection with any criminal offence or other unlawful activity
• To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing
• Where such use would constitute a breach of copyright, trademark, confidence, privacy or any other right, or which is otherwise injurious to third parties; or objectionable.
• In any way which consists or contains software viruses, malware, spyware, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of "spam".
• In any way which may cause annoyance, inconvenience or needless anxiety.
When placing an order to purchase a product or service from Lay & Wheeler, we will send you an e-mail confirming receipt of your order and containing the details of the order. By clicking the confirm order button, your order, represents an offer to us to purchase a product or service. WE NEED TO STATE HOW WE DEFINE ACCEPTANCE OF THIS OFFER - A DESPATCH NOTE.
NEED DETAILS OF OUR RETURNS POLICY
9.1 Unless otherwise stated all our prices are in UK pound stirling.
9.2 All our duty paid prices include duty & VAT. All in bond/en primeur prices are exclusive of duty and VAT, which are payable by the buyer on release of said goods from bond.
9.3 Please note that despatch estimates are just that.
9.4 All prices and offers on the website should be treated only as an invitation to treat.
9.5 Lay & Wheeler endevour to keep all our prices in our catalogue accurate. However, despite a best efforts, a small number may be mispriced. Rest assured that we do verify each price as part of our despatch process. If a product's correct price is lower than our stated price, we charge the lower amount and despatch the order. If a product's correct price is higher than our stated price, Lay & Wheeler, will, at our discretion, etiher contact you for instructions before dispatch or cancel your order and notify you of such a cancellation.
9.6 Lay & Wheeler endevour to keep our catalogue availability up-to-date. On rare occasions there may be insufficent stock to fulfil an order. In this case Lay & Wheeler will contact you and, where possible, offer a suitable alternative.
When visiting the website or sending e-mails to us, you are communicating electronically. We communicate with you via e-mail, by posting message on the website or through traditional postal systems. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement and that such communications be in writing. This condition does not affect your statuatory rights.
Lay & Wheeler reserves the right to alter our website, policies and these Conditions of Use & Sale at any time. You will be subject to, and bound by, the policies and Conditions of Use & Sale in force at the time you use the website or place and order for goods or services from us, unless any such change to these policies or conditions is required by law or government authority (in which case it will apply to orders previously placed by you). Should any of these conditions be deemed invalid, void or for any reason unenforceable, that condition will be deemed severable, but that shall not affect the validity and enforceability of any remaining policy or condition.
Lay & Wheeler will be responsible for any losses you suffer as a result of us breaching these terms and conditions if those losses were reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods or services by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequencial loss that is not reasonably foreseeable to both you and us when you commenced using the website when a contract for the sale of goods or services by us to you was formed. Lay & Wheeler does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
The goods shall remain the Seller's property until the Buyer has paid all sums due from it to the Seller. Until that time the Buyer shall hold them as Bailee, store them in such a way that they can be identified as the Seller's property, and keep them separate from the Buyer's own property and the property of any other person.
Although the goods remain the Seller's property until paid for, they shall be at the Buyer's risk from time of delivery and the Buyer shall insure them against loss or damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller. In accepting delivery of the goods the Buyer undertakes to indemnify the Seller against any losses and expenses incurred by the Seller, arising from the Buyer's breach, howsoever caused.
Customers have a seven day right of withdrawal from mail order contracts. Notice of cancellation must be given in writing and will be effective upon receipt at Lay & Wheeler's registered office. Please note that in the event of a cancelled order a charge may be levied to cover the cost of collecting goods.
In the UK, it is against the law to sell or supply intoxicating substances to persons under 18 years of age. Lay & Wheeler takes this responsibility very seriously, and thus, when placing an order for the first time you must confirm that you are at least 18 years old.
All information (including credit card details) is sent and received using secure encryption software.
Whilst Lay & Wheeler welcomes customers from all countries. Different countries have different rules in force for importing alcoholic beverages, including the levying of customs or duty charges on arrival, and some countries prohibit such imports under any circumstances. Customers should understand that regulations in all countries are liable to change and the responsibility for shipped goods following arrival in the destination country, including payment of local charges, rests with them. Due to the complications of exporting alchohol to foreign countries the website only permits orders for delivery to be placed for addresses within the UK. Customers residing abroard are welcome to place online orders into their reserves account or to place orders to be delivered within the UK.
The company will not be liable for any delay or failure to meet agreed obligations due to prevailing circumstances beyond its reasonable control. This condition does not affect your statutory rights.
Whilst Lay & Wheeler make every effort to ensure that the information on this website is accurate and current, it does however, provide this website and its contents on an "as is" basis and it makes no (and expressly disclaim all) representations or warranties of any kind with respect to this website and its contents. Furthermore Lay & Wheeler takes no responsibility whatsoever for information that is incomplete, inaccurate or out-of-date.
Lay & Wheeler shall not be held liable to any individual or business for any damage or loss which may have occurred from the use of any matter contained on this website.
Lay & Wheeler assumes no responsibility whatsoever for any external links to the internet or other third party websites from its website. Once you follow these links you will leave this website and Lay & Wheeler cannot be held responsible, or liable, for the content of any other websites which you may visit from its site.
Lay & Wheeler provides information on wines such as, but not limited to tasting notes, drinking dates, sweetness guides. Such information is provided as a guide only and you must accept that, whilst Lay & Wheeler makes every reasonable effort to ensure their accuracy, these are subjective and based on information available to Lay & Wheeler at the time of writing.
If you breach these conditions and we take no action thereon, we retain the entitlement to use our rights and remedies in any other situation where you breach these conditions.
E&OE
In addition to the terms & conditions above the following sections apply to specific services offered by Lay & Wheeler.
Together with five other leading independent merchants Lay & Wheeler is signatory to The Bunch Code of Practice, setting industry standards for customer satisfaction and for the security of customers’ paid reserves, whether shipped or lying abroad.
In addition to the members of the Bunch are signatories to the Mail Order Code of Practice, promulgated by the Wine and Spirit Association
Registered Office
Lay & Wheeler Limited,
Holton Park,
Holton St Mary,
Suffolk
CO7 6NN
England
Tel: 0845 330 1855
Registered No: 5730318 (England)
VAT Registration No: GB 637 0806 39
Data Protection Register: Z7042967