In these Terms, references to “we” or “us” are to Daygustation Limited, a company incorporated in England and Wales (registered number 06502903) whose registered office is at Suite 8, 1-3 Little Titchfield Street, London, England, W1W 7BU
Terms of Sale
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 Daygustation Limited nor at the point when you receive an email from Daygustation Limited 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 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 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 import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.
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 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. Various delivery times are available for you to select when you place an order. Details of options available will 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; however, we require that any order of £500 or more must be signed for (even if you select alternative delivery instructions when placing the order). 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 (except any order of £500 or more) 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 or if your order is £500 or more, please ensure that you are available to sign for delivery.
Free delivery applies within the UK when your purchase includes any 24 bottles, magnums or half bottles in a single order and is for our standard delivery service to a single UK address only. Please note that: (i) free bottles count toward the bottle threshold; however (ii) sundries (e.g. tea, bottle openers, glasses or other merchandise), bottle gift sets including sundries and an advent calendar of itself do/does not count towards the bottle threshold, but will be delivered free if the relevant order includes 24 bottles. Regardless of the number of bottles ordered, if you request our named day or timed delivery services, you will be charged the rate displayed in the Delivery Information section of our Site.
Cancellations, 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 after the day on which you tell us that you wish to cancel. However, if you handle the goods 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 goods.
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 page. If you are emailing 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.
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
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).
If a bottle of 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 wine advisers will be more than happy to assist.
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 Daygustation 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 at email@example.com.
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. Daygustation Limited 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.
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. Sparkling wines and champagnes can be volatile due to the build up of gases. 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.
If you have any questions regarding orders or any general enquiries please do let us know by:
- Entering the relevant details on the Contact page
- Emailing firstname.lastname@example.org
- Calling our Customer Support Line on 020 3092 1192
- Writing to us at:
Daygustation Limited, 13A High St, Wanstead, London E11 2AA
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.
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 Daygustation 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.
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.
Privacy and data protection
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 Daygustation 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 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.
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.
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 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 your obligations under these Terms without our prior written consent.
Last updated: February 2022