Terms & Conditions
THIRSTY BIRD WINES LIMITED
TERMS AND CONDITIONS OF SALE
Last modified June 2024
This page tells you the terms and conditions on which Thirsty Birds Wines Limited ("Thirsty Birds", "us", "we" and "our") supplies wine and any goods or services listed on our site www.thirsty-birds.com (the "site") to you as a consumer. If you are a business or buying on behalf of a business different terms and conditions will apply.
Please read these terms and conditions carefully before ordering any of the goods or services from our site. You should understand that by placing an order with us, you agree to be bound by these terms and conditions. If you have any queries on these terms or what they may mean for you please contact us before placing any order so we can help resolve your query.
We recommend that you review these terms and conditions each time you make a purchase and print a copy of these terms and conditions for future reference.
1. Information about us
1.1 The site is operated by Thirsty Birds Limited, registered in England and Wales under company number 15557757 registered at 30a Claremont Square, London, United Kingdom, N1 9LX.
2. Territorial restrictions
2.1 The goods displayed on our site are only available for purchase by customers resident in the UK with a billing address in the UK
2.2 No orders for the delivery or supply of goods will be accepted from anyone who is not a resident in UK, and orders will not be shipped to countries other than UK.
2.3 Any credit card/debit card billing address must be in UK.
3. About you and your status
3.1 By placing an order for goods/services through our site you are representing and agreeing that:-
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old; and
3.1.3 You are a resident of UK and are accessing our site from the UK
3.2 On delivery, if we (or our agent) are in doubt of the age of the recipient of any order we shall request ID as proof of age. If the recipient cannot show proof of age as 18 years old or over we will not deliver the goods. In addition, we reserve the right to refuse an order or to refuse to make a delivery at our sole discretion, whether on the basis of your age or otherwise.
4. Registration with the site & Data Protection
4.1 By providing your details to thirsty-birds.com on our website, you consent to thirsty-Birds.com maintaining, recording, holding and using the information you give thirsty-birds.com at the time of ordering to process your orders, to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 2018.
4.2 You agree to provide us with truthful, complete and accurate details when you register. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
4.3 Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by managing your account on line or can contact us at info@thirsty-birds.com to provide updated information.
4.4 Thirsty Birds Wine Ltd. Privacy Promise. We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your wine to you, e.g. our delivery company. You can find our Privacy Policy here. From time to time, Thirsty Birds may send information about discounts, free stuff and personalised offers on wine, including many exclusive deals, unless you have not opted in to our newsletter on our registration page or on the communications preferences section of Account Details.
4.5 If you have not opted in from hearing from thirsty-Birds.com or third parties or you have opted out, you will only be contacted by thirsty-birds.com if our terms and conditions change or in order to process your order, but we promise to do so no more than twice a year.
5. How to place an order
5.1 You may order goods via our site
5.2 Whilst we take every care to ensure descriptions, measurements and colours are as shown on the site these may vary slightly from pack to pack.
6. Our contract with you
6.1 After placing an order, you will receive an e-mail from Thirsty Birds Wine acknowledging that we have received your order and setting out the details of the order. This does not mean that we have accepted your order. All orders are subject to acceptance by Thirsty Birds Wine and this acceptance will only take place when we send you an e-mail that confirms that your payment has been successful (the "Confirmation Email"). The contract between you and Thirsty Birds Wine (the "Contract") will only be formed when we send you the Confirmation Email. Until we send you the Confirmation Email and receive payment in full for your order there is no contract between you and us for the goods.
6.2 We reserve the right in our sole discretion to not accept any order you place.
7. Prices and payment
7.1 Subject to section 7.2, 7.3 and 7.4, the prices of goods are as set out on our site, except in the case of obvious error. All prices (excluding wines offered under bond) include VAT unless otherwise stated.
7.2 We use our best efforts to ensure the prices of goods displayed on our site are correct. However, our site contains a number of goods and it is always possible that, despite our best efforts, some of them may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. In the event of a pricing error we will not be obliged to sell the goods to you at the price shown. If we discover a pricing error, we will contact you as soon as possible. You may wish to cancel your order or agree to pay the correct price, in which case we will proceed with your order.
7.3 We are under no obligation to provide goods to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from the contract including any accepted order in the case of obvious and unmistakable pricing errors.
7.4 We reserve the right to change our prices at any time however subject to section 7.2 and 7.3, price changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.5 Payment is made at the time of order and is processed via by Squarespace Payments (a fully integrated, native payment solution provided to us by our online store service provider Squarespace). By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the goods and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
8. Availability of goods
8.1 All goods featured on our site are subject to availability. We will endeavour to make it clear where goods offered are available for a limited time or in limited numbers. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular goods will be in stock at a particular time.
8.2 In the event that an item is unavailable when you place your order, we shall contact you to arrange a replacement, or make another acceptable arrangement for the completion of your order.
9. Delivery
9.1 Our minimum order value, delivery charges and offer of free delivery will be advised clearly on the site and confirmed at checkout. A surcharge may be added for delivery to the highlands and Islands.
9.2 Whilst we make every effort to deliver during the agreed time period delivery times are given as an indication only and are not intended to be binding. Delivery options will be displayed at checkout. We aim to process and dispatch orders within 48 hours and deliver within four working days. Working days are classed as Monday to Friday. Any dates quoted for delivery are approximate only.
9.3 Non-delivery of goods must be notified to us within 2 days of expected delivery.
9.4 Your order will be delivered by courier.
10. Incorrect/Faulty/Defective goods
10.1 We take great care in the dispatch and packaging of our items. In the unlikely event of faults with, or damage to, the goods or if you have received an incorrect item please contact us info@thirsty-birds.com. Damaged bottles, pouches or kegs and packaging should be kept for inspection. You must notify us within 2 working days of receipt of the goods. If you fail to notify us, we will have no liability to you.
10.2 We will collect the goods or ask you to return them to us at our expense and once, acting reasonably, we have examined the item and confirmed it is faulty/an incorrect delivery, we will provide you with a refund or replace the goods or send substitute goods.
10.3 We do not accept responsibility for any loss or damage which occurs once the goods have been left at the delivery address (or at your nominated warehouse for wines delivered "under bond").
11. General right of return
11.1 In addition to the right to return under section 10 above, whilst we hope you are delighted with your purchase, you can choose to cancel an order at any time within seven working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods.
11.2 To cancel an order under section 11.1, you must inform us in writing at info@thirsty-birds.com If we receive confirmation that you wish to cancel the order before dispatch we will refund your payment and will not dispatch the items. If you have received the goods and/or they have been dispatched you must return the items to us immediately at info@thirsty-birds.com in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the items while they are in your possession and we reserve the right to seek compensation from you for any failure to comply with this obligation.
11.3 You will not have any right to cancel a contract under this section 11 if you have used/unsealed the item or if you have damaged it in any way.
12. Our liability to you
12.1 We take reasonable care and provide proper storage for wines. We do not accept liability for the condition of the wine in the bottle, pouch or keg or for any deterioration which may occur through natural processes to the wine, corks or closures which results in a variation of taste from time to time.
12.2 If you or we are in breach of any contract for goods, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a directly foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.3 Our liability for losses you suffer as a result of us breaching any contract for goods is strictly limited to the purchase price of the relevant goods affected.
12.4 This section 12 does not exclude or limit in any way our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us; or for any matter for which we cannot exclude or limit our liability under applicable law.
13. Written communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. Notices
14.1 All notices given by you to Thirsty Birds Wine must be given to us at info@thirsty-birds.com. Thirsty Birds may give notice to you by posting the notice on the site or at the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Events outside our control
15.1 Thirsty Birds will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations where such failure or delay is caused by any act, event, non-happening, omission or accident beyond our reasonable control (a "Force Majeure Event") including but not limited to fire, storm, flood, adverse weather conditions and impossibility of the use of public or private transport.
15.2 Thirsty Birds will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
16. Waiver
16.1 If Thirsty Birds fails to insist upon strict performance of any of your obligations under these terms and conditions, or if Thirsty Birds fails to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 No waiver by Thirsty Birds of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
17.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be deleted from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 We intend to rely upon these terms and conditions. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the agreement.
19. Our right to vary these terms and conditions
19.1 Thirsty Birds has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order goods or services from Thirsty Birds, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Thirsty Birds notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case Thirsty Birds has the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary at least ten working days in advance of your order date).
20. Law and jurisdiction
20.1 Contracts for the purchase of goods or services through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the jurisdiction of the courts of England and Wales.
21. Questions or complaints
21.1 In the event of any query or complaint please contact us via telephone on 07932 697116 or email to info@thirsty-birds.com and we will be happy to assist you. We aim to resolve all complaints as soon as reasonably practicable, and each complaint will be treated as confidential.