Terms and Conditions of Sale

1.1 These are the Terms of Use & Sale and conditions (“Terms of Use & Sale”) govern the use of the Website at https://jeroboams.co.uk/ (“Website”) operated by Jeroboams Shops Limited, (“Jeroboams”, “we”, “us”, “our”) and how we supply our Products (as defined in Clause 4) to customers, including the holders of our Gift Vouchers and Gift Cards (“you”, “your”). The Terms of Use & Sale include our:
(a) Privacy Policy
(b) Shipping and Returns Policy
(c) FAQs.
Capitalised terms used in these Terms of Use & Sale shall have the meaning given to them where they first appear.
1.2 Please read these Terms of Use & Sale carefully before you submit your order to us. These Terms of Use & Sale tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 You agree to the Terms of Use & Sale by using our Website, placing an order with us by phone (as we direct you to the Terms of Use & Sale on our Website during the call) and/or clicking the relevant checkbox when purchasing Goods from us via the Website.
1.4 When you register to use the Website, you will be given an automatically generated password. You will then be asked to change the password to one you prefer. You will be responsible for all activities and orders that occur or are submitted under your password (unless these occur after you have notified us that you know or suspect that someone else knows your password is using it or might use it without your authorisation). If you forget your password, you can request for it to be sent to your email address. You must keep their password confidential. If you know or suspect that someone else knows your password or is using it or might use it without your authorisation, you must notify us by contacting us immediately at orders@jeroboams.co.uk. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your access in accordance with Clause 10.1 below.
1.5 Sales of alcohol can only be made to you if you are over 18 years of age. We must verify that you are over 18 years of age before we can process your first order but we reserve the right to cancel an order and/or refuse to deliver if age cannot be proven to our satisfaction. You must provide us with all information requested by us and comply with all our identification and any anti-money laundering requirements to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to us and each Products (“Applicable Law”). Any monies taken from any person who we learn is under the age of age 18 will be held until the police or a parent and/or guardian provided written instruction as to where the same is to be paid. No refund will be given in cash in this case.
1.6 If you call or email us, we are entitled to take reasonable steps to verify that you have authorised the instructions being given to us, but you are responsible for the accuracy of all instructions and we will not be liable for any instructions placed in error or by mistake. It is your responsibility to ensure that all your contact details held by us are up to date at all times.
1.7 We reserve the right to refuse service to anyone for any reason at any time.
1.8 We do not accept orders from or deliver to addresses outside the UK.

2.1 We are Jeroboams Shops Limited a company registered in England and Wales. Our company registration number is 02923018 and our registered office is at 43 Portland Road, London W11 4LJ. Our registered VAT number is GB 696 647 763.
2.2 You can contact us by telephoning our customer service team at 0207 288 8888 or by writing to us at enquiries@jeroboams.co.uk or 7-9 Elliot’s Place, London, N1 8HX.
2.3 We will contact you by telephone or by writing to you via the phone number, email address or postal address (as the case may be) that you provided to us in your order.
2.4 The words “writing” or “written” in these Terms of Use & Sale includes emails.

3.1 Your order is an offer to us, which we may accept but are not obliged to do so. A contract for sale of the specific item(s) ordered is not formed until:
(a) In the case of Goods: we accept payment for your order and it is dispatched for delivery.
(b) In the case of Goods purchased to be stored by us: the contract is formed when the Goods are transferred to the storage warehouse.
(c) In the case of En Primeur, Broking, Storage or Cellar Plan: we email you to accept your order.

4.1 Our products include:
(a) Wine and related merchandise, including the means to pay for them using Gift Vouchers and Gift Cards (“Goods”);
(b) En Primeur, Broking, Cellar Plan, Tastings, Dinners, Events, Reserves and Storage (“Services”),
together referred to as “Products”).
4.2 Specific additional terms and conditions for each type of Product are set out in:
(a) Schedule 1;
(b) Clause 8 (price and payment);
(c) Clause 9 (insurance);
(d) Clause 11 (your rights to end the contract); and
(e) our Shipping & Returns Policy.
4.3 The images of Goods and Services on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of each Products. Your Product may vary slightly from those images.
4.4 The packaging of a Product may vary from that shown in images on our Website.
4.5 Where a sample of the wine is shown to and inspected by you, the parties accept that such a sample is shown and inspected for the sole purpose of enabling the Customer to judge for yourself the quality of the wine, and does not constitute a sale by sample.

If you wish to make a change to an order before it is accepted please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11 – Your rights to end the contract).

6.1 We may change any of the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of each Product.
6.2 In addition, as we informed you in the description of each Product on our Website, we may make the following changes to these Terms of Use & Sale or each Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received:
(a) change in vintage where stock has run out;
(b) change in bottle size;
(c) number of bottles per case.

7.1 Our Shipping & Returns Policy contains the terms of shipping, delivery and other related information.

8.1 The price of each Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of each Product advised to you is correct, but see clause 8.4 for what happens if we discover an error in the price of each Product you order.
8.2 If the rate of VAT changes between your order date and the date we supply each Product, we will adjust the rate of VAT that you pay, unless you have already paid for each Product in full before the change in the rate of VAT takes effect.
8.3 When Goods are “in bond” it means that no UK duty or VAT has been paid on the Goods and they must be stored in a ‘bonded warehouse’ approved by HM Customs & Excise. If you buy any Goods ‘in bond’ the following additional terms apply:
(a) If you request Goods to be delivered to you other than in a bonded warehouse, then duty and VAT will be payable by you in addition to the price, and once the Goods are ready to be shipped, you will receive a final invoice, for immediate payment by cash, cheque and/or debit card (not credit card), in respect of delivery and/or Duty and VAT applied at the prevailing rates, as are appropriate to your order.
(b) If your Goods are to be shipped to another bonded warehouse, then once the Goods are ready to be shipped you will receive a final invoice, for immediate payment by cash, cheque and/or debit card (not credit card), in respect of delivery and/or additional charges to be applied at the prevailing rates, as are appropriate to your order.
8.4 If you subscribe to our Cellar Plan, the following additional terms apply:
(a) The minimum monthly payment into the Cellar Plan is £100, with higher amounts being accepted in increments of £50. Additional lump sum payments may be made into the plan at any time.
(b) You must complete a standing order form for your monthly subscription from a bank or payment account held in your name (“Nominated Payment Account”). This means you are requesting your bank or payment service provider to make the payment, rather than a direct debit that we call upon.
(c) No interest will be payable on any credit balance that you build up during the term of the plan or at any time.
(d) you may purchase wine in advance of us receiving your monthly subscriptions, so long as your monthly subscriptions are paid up to date, up to a limit of four times your monthly subscription, but the Goods you purchase will be retained to cover any outstanding balances until they are cleared
(e) any current credit balance in your Cellar Plan may be used to purchase Goods from us or you can request it to be refunded to your Nominated Payment Account.
8.5 If you subscribe for Storage, a pro-rata charge is made at the start of the second month following month of receipt of your Reserves by the Storage Provider, to cover the initial Storage period to the year ended 31 March. Thereafter the annual Storage charge is payable in advance annually in advance on or about 1 April.
8.6 It is always possible that, despite our best efforts, some of Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where each Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If each Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
8.7 We accept payment by Credit Cards, Debit Cards, Charge Cards and/or American Express, as well as by standing order from your Nominated Payment Account where stated in these Terms of Use & Sale. We reserve the right not to accept American Express if payment is overdue. Cash payments may only be accepted in compliance with Applicable Law. When you must pay depends on what Product you are buying:
(a) For Goods, you must pay for each Products before we dispatch them. We will not charge your credit or debit card until we dispatch each Products to you (see Clause 8.3 for Goods in bond).
(b) For Services, you must make an advance payment of 25% of the price of the Services, before we start providing them. We will invoice you for the advance payment, and for the balance of the price of the Services when we have completed them. You must pay each invoice within seven (7) calendar days after the date of the invoice.
(i) For Cellar Plan, see Clause 8.4
(ii) For Storage, see Clause 8.5
8.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate of from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
8.10 As specified in Section 1(i) of Schedule 1, you deliver possession of your Reserves in Storage under a pledge to secure any money you owe to us and we reserve the right to refuse the release of Reserves pending receipt of cleared funds to settle any such debt. Under a pledge, we may sell all or party of the Reserves on default in payment by you of amounts owed to us, provided that we give notice to you of our intention to do so under clause 12.1(a).

9. Bond

9.1 Storage and En Primeur:
(a) We will remain responsible for insuring the Goods at the market value until your delivery and/or storage instructions have been completed.
(b) We will, at our discretion and in full and final settlement of our liabilities to your, replace or pay to you the full replacement value of the Goods should they be lost, damaged or destroyed whilst we are storing or keeping them for you. The full replacement value of the Goods shall be as determined by our insurer, based upon the terms we have agreed with the insurer for determining replacement values.
(c) In respect of each bottle of wine that you store with the Storage Provider, unless you expressly ask us not to:
(i) we will insure that bottle of wine for its full replacement value in case of loss, damage or destruction whilst under our control;
(ii) we will, at our discretion and in full and final settlement of our liabilities to you, replace or pay you the full replacement value of that bottle of wine should it be lost, damaged or destroyed whilst we are storing or keeping it for you. The full replacement value of the bottle shall be as determined by our insurer, based upon the terms we have agreed with the insurer for determining replacement values.
(iii) Although it is our intention to cover the present market value of any losses, in view of the difficulty in assessing the total market value and the market value of individual rarities, we cannot guarantee that you will receive damages and or consequential losses and/or full compensation in cases of any loss.
(iv) if a value cannot be determined with the insurer, the valuation of the wine held with the Storage Provider will be based on the historical trades for that particular wine on the Storage Provider’s trading platform, as at the time of receipt (“Notional Valuation”).
(v) we reserve the right to change our Storage Provider, agents and/or nominated insurers. You should ask for their details when storing Goods with us, and full details can be obtained on request.
(d) If you expressly ask us not to insure Goods whilst stored with the Storage Provider then we will only be liable to you for loss, damage or destruction of Goods up to the limit of the Storage Provider’s liability as set out in the then current standard contract for logistics of the United Kingdom Warehousing Association (“UKWA”), if any, as in place at the time of the claim.

10.1 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update each Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to each Product as requested by you or notified by us to you (see clause 6);
(d) if we have reason to believe that there is likely to be a breach of security or misuse of the Website.
10.2 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of each Product, unless the problem is urgent or an emergency. If we have to suspend each Product for longer than 30 days in any 3 month period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance for each Product in respect of the period after you end the contract.
10.3 We may also suspend supply of each Products if you do not pay. If you do not pay us for each Products when you are supposed to (see clause 8.7) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of each Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of each Products. We will not suspend each Products where you dispute the unpaid invoice (see clause 8.9). We will not charge you for each Products during the period for which they are suspended. As well as suspending each Products we can also charge you interest on your overdue payments (see clause 8.8).

11.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get each Product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11.2;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 11.3;
(c) If you have just changed your mind about each Product, see clause 11.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any Goods];
(d) In all other cases (if we are not at fault and there is no right to change your mind), see [clause 11.8 OR clause 11.9].
11.2 We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to each Product. Nothing in these Terms of Use & Sale will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is Goods, for example wine, the Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
a) Up to 30 days: if your Goods are faulty, then you can get an immediate refund.
b) Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 11.4.
If your Product is Services, for example Storage, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Clause 11.4 regarding Exercising your right to change your mind (Consumer Contracts Regulations 2013).

If you have any questions or complaints about a Product, please contact us at Customer.service@jeroboams.co.uk or on 0207 288 8888 or by post to 7-9 Elliott’s Place, London, N1 8HX
11.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to each Product or these Terms of Use & Sale which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of each Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of each Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of each Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see Section 1.7 of our Shipping & Returns Policy)].
11.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms of Use & Sale.

11.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) the supply of alcoholic beverages (such as En Primeur), where—
(i) their price has been agreed at the time of the conclusion of the sales contract,
(ii) delivery of them can only take place after 30 days, and
(iii) their value is dependent on fluctuations in the market which cannot be controlled
by us;
(b) Goods sealed for health protection or hygiene purposes (such as wine), once these have been unsealed after you receive them;
(c) any Goods which become mixed inseparably with other items after their delivery.
(d) Services, once these have been completed, even if the cancellation period is still running.
11.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought Services (for example, En Primeur, Broking, Cellar Plan, Tastings, Dinners, Events, Reserves and Storage)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
(b) Have you bought Goods (for example, wine)?, if so you have 14 days after the day you (or someone you nominate) receives the Goods, unless:
(i) Your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
11.7 Ending the contract where we are not at fault and there is no right to change your mind. Subject to Clause 11.8, even if we are not at fault and you do not have a right to change your mind (see clause 11.1), you can still end the contract after it is formed and before it is completed, but you may have to pay us compensation. A contract for Goods is completed when each Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the net costs we will incur as a result of your ending the contract including third party costs incurred and a reasonable hourly charge for lost staff time.
11.8 Cellar Plan: Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 11.1), you can still end the contract before it is completed. A contract for Goods is completed when each Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until one (1) calendar month after the day on which you contact us. We will refund any advance payment you have made for Products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply each Product until 3 March. We will only charge you for supplying each Product up to 3 March and will refund any sums you have paid in advance for the supply of each Product after 3 March.
11.9 To end the contract with us, please let us know at Customer.service@jeroboams.co.uk or on 0207 288 8888 or by post to 7-9 Elliott’s Place, London, N1 8HX:

12.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due (in which case we may also give you notice of our intention to sell any Reserves held under the pledge referred to in Clause 8.10);
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide each Products, for example, age verification information;
(c) you do not, within a reasonable time, allow us to deliver each Products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the Services; or
(e) you, being a company, have a petition passed for our winding up; or passes a resolution for voluntary winding up (other than for the purpose of a bona fide amalgamation or reconstruction); enters into a voluntary arrangement with our creditors, or becomes subject to an administration order; or has a receiver appointed to all or any of our assets; or
(f) you, being an individual or firm becomes bankrupt or insolvent; or enters into a voluntary arrangement with our creditors; or
(g) you die; or
(h) you, being a company, individual, partnership or firm cease or threaten to cease to carry on business; or
(i) we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
If clause 12.1(e) applies, then we shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the Goods have been delivered but not paid for, the price shall become due immediately, regardless of any agreements to the contrary, and if not paid on demand we shall be entitled to enter your premises to remove the Goods.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you the net costs we will incur as a result of your breaking the contract including third party costs incurred and a reasonable hourly charge for lost staff time . If you fail to take delivery of the Goods and/or If you fail to take delivery of the Goods or the Goods are not delivered within one calendar month of being available, or there has been an earlier indication from you that the Goods are not to be collected and/or you fail to give us adequate delivery instructions then we may:
(a) Store the Goods until actual delivery to you or until the Goods are disposed of under Clause 12.2(c) below
(b) you shall be liable for the costs of storage, and insurance of the Goods, and/or any failed delivery charges or as the case may be under this clause.
(c) Sell the Goods at the best price readily obtainable at that time, any method of resale is entirely at our discretion. We shall be entitled to send written notice to your invoice address giving notice of our intention to dispose of the goods 7 working days thereafter, we shall be entitled to sell all or any of the goods in our possession unless payment has been received or the goods collected by the end of the 7th working day.
(d) Upon resale you shall receive a minimum credit of 75% of the lower of the net proceeds of the resale and us original sale to you. Any balance remaining and/or if the Goods are sold for a less than the price payable by you, then you shall be liable to pay us the difference in price and the amount due shall continue to accrue interest. The existence of this right does not affect any other remedies that we may/would have.
(e) you shall also be liable to pay any costs of the sale.
12.3 We may withdraw each Product. We may write to you to let you know that we are going to stop providing each Product. We will let you know at least 14 days in advance of our stopping the supply of each Product and will refund any sums you have paid in advance for Products which will not be provided.

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use & Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage 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, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to each Product including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
13.4 We are not liable for business losses. We only supply each Products for domestic and private use under these Terms of Use & Sale. If you use each Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.1 We will only use your personal information as set out in our Privacy Policy.

15.1 Certain content, products and services available via our Website may include links or other materials from third-parties.
15.2 Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
15.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made on or in connection with any third-party Websites. Please review carefully the third-party’s contract(s), policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15.4 We do not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website. Content is provided “AS IS.” We do not endorse the organisations sponsoring linked websites or the views they express or the products/services they offer. We cannot and do not authorise the use of copyrighted materials contained in linked websites. You must request such authorisation from the sponsor of the linked website.

16.1 In addition to other prohibitions as set forth in the Terms of Use & Sale, you are prohibited from using the Website or our content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet.
16.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
16.3 You agree not to reproduce, duplicate, frame, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the Website is provided, without express written permission by us.
16.4 We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

17.1 Whilst we endeavour to ensure that our Website is normally available 24 hours a day, we shall not be liable if for any reason this the Website is unavailable at any time or for any period.
17.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
17.3 Your access to the Website, your ability to participate in all or certain parts of Website and/or your registration may be terminated by us at any time without notice and without any liability. Any limitations on our liability will survive such termination.

18.1 Our name, logo, corporate symbols and trademarks are our sole property and no permission is given in respect of their use. The Website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, we are the owner of the copyright and all other intellectual property rights in Website and its contents. Save as set out below, no part of Website may be reproduced, modified, copied or used for any commercial purpose without our prior written permission.
18.2 The use of our logos, trading names and trademarks on any document or in association with any information signifies that the document or information has been prepared or approved by us or Products promoted in that publication are covered by these Terms of Use & Sale. Use of any of our logos, trading names and marks in the course of trade without our consent infringes the relevant trademark registration. Only those persons or organisations that are expressly permitted by us may use and/or reproduce our logos, trading names and trademarks for the promotion of Products covered by our Terms of Use & Sale, provided that such persons or organisations shall not directly, or indirectly assist any other person to, do or fail to do any act or thing whereby the validity, enforceability or our ownership of or the reputation or goodwill associated with, our logos, trading names and trademarks is, or is likely to be, infringed or prejudiced.
18.3 You may retrieve and display the contents of Website on a computer screen, or print one copy of such content (including the Terms of Use & Sale and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices. You may print and download extracts from our Website on the following conditions:
(a) the documents and related graphics on our Website are for personal use or for use within an individual firm or organisation;
(b) Except where extracts of no more than a few relevant provisions are copied to individual third parties incidental to advice or other activities:
(i) copies of these pages that the customer saves to any storage medium may only be used for subsequent personal viewing purposes of for viewing within the firm or organisation by which they were re-saved or stored;
(ii) any extracts which are printed may only be used for personal viewing – or for viewing within the firm or organisation by which they were printed;
(iii) neither pages saved or stored in any way, nor extracts printed, may be distributed to third parties or sold or otherwise circulated for profit;
(c) No documents or related graphics on our Website are to be modified in any way;
(d) Graphics on our Website are not to be used separately from the accompanying text;
(e) we must be acknowledged as the source of the material in all copies, either by appropriate words or by adding our full name;
(f) The date that we last updated the information must be stated clearly on all copies.
(g) The publication must not imply our endorsement of any company or product or of any conclusions drawn from the data.
18.4 The customer must not reproduce or store any part of our Website in any other website or include it in any public or private electronic retrieval system or service, without our prior written permission.
18.5 Any rights not expressly granted in these terms are reserved.
18.6 We have no objection to organisations reproducing in their own publications, or on their internal computer networks, materials published by us on the Website and otherwise issued in electronic form or otherwise by us, provided that:
(a) We are acknowledged as the source of the material so reproduced;
(b) The material must be clearly identified as belonging to us and separated from any comment made on it by you or others;
(c) You must ensure that you are using the latest available version of the material;
(d) Your readers must not be given the impression that we are responsible for, or have in any way approved or endorsed the publication in which this material is reproduced;
(e) No fee may be charged by you for the reproduction and/or distribution of our material;
(f) You must not alter or amend the material.

19.1 The opinions or views expressed on our social media platforms, including, but not limited to, blogs, Facebook and Twitter pages, represent the thoughts of individual users and online communities, and not necessarily those of us or any of our corporate partners, affiliates or any of their respective directors, officers, employees, staff or members of our respective board of directors.
19.2 By submitting content (defined as materials, advice, representations, opinions and views) to any of our social media sites or platforms, you understand and acknowledge that this information is available to the public, and you are allowing us to have a permanent right to use your comments for our business purposes including but not limited to internal and external promotions. This could include using, republishing, reproducing, distributing, changing or displaying the comments across our brand products and other websites without restriction from time of submission in perpetuity.
19.3 While we make reasonable efforts to monitor and moderate content posted on our social media platforms, neither we nor our employees or other affiliated individuals have the ability to moderate all comments at all times and cannot always respond immediately to online requests for information. We reserve the sole right to review, edit and/or delete any comments it deems inappropriate. Comments including, but not limited to, the following may be deleted or edited if deemed inappropriate or irrelevant by the moderators:
(a) Abusive or hurtful comments about a user or another participant.
(b) Off-topic and redundant comments (this includes promotion or solicitation of events, groups, pages, websites, organisations, products and programs not related to or affiliated with us).
(c) Comments that use foul language or “hate speech” (for example, including but not limited to racial, ethnic or gender-bashing language).
(d) Personal attacks or defamatory statements or comments (i.e., making negative personal, speculative or untrue comments about a participant), instead of just criticising his/her posting, opinion or comments.
(e) Comments that violate the privacy of any individual.
(f) Comments that are derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups.
(g) Content that defames, misrepresents or contains disparaging remarks about other people, products or companies. Comments that suggest or encourage illegal activity.
(h) Comments that reference any claims or share personal, account or policy information.
(i) Comments or links to sites that contain viruses or malicious software.

20.1 We may transfer our rights and obligations under these Terms of Use & Sale to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
20.2 You may only transfer your rights or your obligations under these Terms of Use & Sale to another person if we agree to this in writing. However, where each Product is Services, you may transfer any item or property in respect of which we have provided the Services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing identity information for verification under Clause 1.4.
20.3 Nothing in these Terms of Use & Sale is intended to confer any benefit on any person who is not a party to them, and no third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of provisions of these Terms of Use & Sale. Neither you nor we will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Use & Sale.
20.4 Each of the paragraphs of these Terms of Use & Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If we do not insist immediately that you do anything you are required to do under these Terms of Use & Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide each Products, we can still require you to make the payment at a later date.
20.6 These Terms of Use & Sale are governed by English law and you can bring legal proceedings in respect of each Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of each Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of each Products in either the Northern Irish or the English courts.

PRODUCTS
(Clause 4 of the Terms of Use & Sale)

1. Storage
   We offer storage facilities to you in the UK for Goods purchased from or through us (“Storage”) from one or more third party storage providers whom we appoint in our own sole and absolute discretion (“Storage Provider”). Storage will be charged per each case of wine regardless of how many bottles the case holds (“Unit”), at the prevailing Storage rate specified in the charges schedule on our Website. Our Storage rental year runs from 1st April to 31st March. In addition, the following terms apply to Storage services:
   (a) provided reasonable written notice has been given of not less than 14 working days you and/or your agent may on request physically inspect your Goods lodged at the warehouse and agrees to meet all costs and/or charges and/or related charges what so ever levied by us for the same.
   (b) Where possible, we will provide you with a confirmation of the landing of stock into Storage by email and/or letter. It is your responsibility to ensure that the details contained within this email/letter are correct. We will not accept responsibility or financial liability for any incorrect details, information or data.
   (c) When viewing your account online, we will give you the Notional Valuation of all your stock held at the Storage Provider. This Notional Valuation is for indicative purposes only and does not represent the value that you might receive should instructions be given to sell any of your wines. Any sale price will be confirmed in writing prior to any transactions taking place in accordance with our standard terms and conditions.
   (d) As an additional service, we may from time to time offer Storage for Goods purchased from other sources in our UK storage facility. We reserve the right to accept only Goods that are accompanied by valid and appropriate documentation. In order to comply with UK Customs requirements in place at the time of transfer, we will require:
   (i) For in-bond stock, an invoice and/or official warehouse documentation showing purchase prices for all stock.
   (ii) For duty paid stock, an invoice and/or official warehouse documentation to show that all relevant UK taxes have been paid.
   (e) We will not accept liability for either the provenance or condition of Goods purchased from other sources or for any defect or other fault that these Goods may have or may develop.
   (f) We will notify you if Goods purchased from other sources have any issues or defects which are identified upon receipt at the Storage Provider. Any Goods rejected must be collected at your expense. Goods purchased from other sources shall be subject to these terms and conditions but remain your property, subject to a lien over all of your stock in Storage for unpaid Storage charges in accordance with Clause 8.10 of the Terms of Use & Sale.
   (g) You can provide instructions in respect of your stored wine (“Reserves”) in writing, by telephone, email or via our Website.
   (h) Any Goods must be withdrawn from the Storage Provider in the same Unit as they arrived. Cases of wine cannot be split.
   (i) You deliver possession of your Reserves in Storage under a pledge to secure any money you owe to us and we reserve the right to refuse the release of Reserves pending receipt of cleared funds to settle any such debt (see Clauses 8.10 and 12.1(a) of the Terms of Use & Sale).
2. Sale or Return promotions
   From time to time we may offer Goods on a ‘Sale or Return basis’ in writing and/or email, in which case the following additional terms apply:
   (a) The return date for the Goods shall be no later than 1 month after we deliver the Goods (“Return Date”). For a period of 14 days starting on the Return Date the Customer shall also have the right to return the Goods to us without prior authorisation provided that:
   (i) Payment must have been received by us;
   (ii) The returned Goods must be undamaged and must be in a saleable condition, none of the original labels may be removed, marked or defaced;
   (iii) Your labels or any other additional material which may have been attached to the returned Goods or their packaging must be removed;
   (b) Notwithstanding Clause 4.5(a) above, we may, at our sole discretion, accept returned Goods which have been damaged or marked and may credit to you a reduced sum calculated with reference to the estimated value of the returned Goods taking account of any such damage.
   (c) The cost of returning any and all returned Goods under this clause shall be borne exclusively by you at all times, unless agreed by us.
   (d) Any and all credit due to you under this clause shall be made by us within 30 days of receipt of the returned Goods in compliance with Clause 4.5(a). We shall issue a credit note for returned Goods to you upon receipt of the returned Goods which shall set out the sums due to you, including any deductions or set-off for damaged or otherwise non-saleable Goods.
   (e) Title to, and risk of damage to or loss of, the returned Goods shall pass back to us only at the time we accept delivery or, if we wrongfully fail to take delivery of the returned Goods, the time when the Customer has tendered delivery of the returned Goods subject to these Terms of Use & Sale.
3. Gift Cards
   We may issue gift vouchers and gift cards that may only be redeemed by us as payment for our Products in our retail shops (“Gift Cards”), in which case the following additional terms apply:
   (a) we reserve the right to change the title, name, promotional name/title and/or logos and/or designs on the Gift Cards in our own sole and absolute discretion.
   (b) These terms and conditions do not affect your statutory rights.
   (c) we reserve the right to update and change the terms and conditions of Gift Cards at any time.
   (d) Gift Cards may only be used for payment in sales under these Terms of Use & Sale.
   (e) Gift Cards remain our property and we are entitled to possession when the balance associated with each Gift Card has been fully redeemed by us.
   (f) Gift Cards can be purchased at any of our retail shops, but cannot be purchased or topped up online or used against any online orders.
   (g) A Gift Card is valid for a period of 24 months from the date of purchase.
   (h) Each Gift Card can be purchased with a minimum value of £10 and have a maximum value limit of £1,000. This limit cannot be raised or exceeded by either performing balance transfers or top-ups, but additional value can be added to an existing Gift Card up to the maximum limit at any of our Retail shops.
   (i) Promotion codes, discounts and offers cannot be used to purchase Gift Cards.
   (j) Gift Cards cannot be used to purchase other Gift Cards and cannot be exchanged for other Gift Cards. A balance associated with one Gift Card cannot be transferred to another Gift Card.
   (k) We will cancel the value of a Gift Card if payment for it is not received.
   (l) We may limit or exclude Products for which we will accept payment by way of Gift Card and we reserve the right to amend these limits or exclusions at any time.
   (m) When the amount to fund a purchase is deducted from the balance associated with a Gift Card, no change will be given for the balance, but the balance can be used as full or part payment against future purchases.
   (n) We reserve the right to refuse to accept a Gift Card which we deem to have been tampered with, duplicated, damaged or altered, or which is otherwise suspected of being potentially fraudulent.
   (o) The balance associated with a Gift Card can be checked in any our Retail shops.
   (p) We will not replace, refund or reimburse the balance associated with a Gift Card in the event that the Gift Card lost, stolen, misappropriated or used without your authorisation and we are lot otherwise liable for any balance lost.
   (q) If a Gift Card becomes damaged we may choose to replace it with another Gift Card bearing the same balance in our sole and absolute discretion.
   (r) Gift Cards are only issued, redeemed and denominated in UK Sterling (GBP).
   (s) Should you return Goods purchased using a Gift Card any refund amount due will be credited to the original Gift Card or a new Gift Card.
   (t) If a partial refund is made for any purchase made using the Gift Card and another method of payment, then any refund amount owing will be credited to the Gift Card (except to the extent that payment card scheme rules require any portion of the refund to be made to the payment card used to partly pay for the original purchase).
4. Events
   On acceptance of your request and/or application to attend a wine tasting or dinner arranged by us (“Event”), we will send confirmation of tickets for the event by email and/or by post. You must bring this confirmation to the Event. Event tickets can only be used for the Event for which they have been issued and are non-transferable. Only one ticket will be issued per place. We reserve the right to end/cancel any Event at any time leading up to the Event or during the Event for any reason including but not limited to: unruly, disrespectful or dangerous behaviour by you or your guests.
   If we accept your request and/or application to attend and event arranged by us at a venue of our choosing (“Internal Event”), we may require payment in advance, or advance of payment of only a deposit and/or payment on account.
   If we accept your request and/or application to attend an event arranged by or in conjunction with a third party (“External Event”), you agree that:
   (a) All event bookings must be confirmed in writing.
   (b) A non-refundable deposit is required for each External Event.
   (c) All bookings are subject to minimum guest numbers.
   (d) A deposit figure (subject to the inclusion of VAT) will be provided to you in writing by us once your booking is confirmed. This deposit will be deducted from the total External Event costs, which will be issued to you no later than 10 working days prior to the External Event. Once your deposit has been received a receipt will be issued by us together with a formal confirmation letter which will include a final wine list, event summary and estimated costs based on the number of guests and selections made by you at this time. The information provided at this point will be used to produce your total event cost invoice, arrange staff and co-ordinate with the location of the event. Once the invoice is received by you payment must be received no later than 10 working days before the event.
   (e) Payment in full is required by you prior to the External Event.
   (f) Should we be advised of any changes to External Event requirements at a date less than 15 working days prior to the event, we reserve the right to accept these changes and reduce the invoice value or issue a credit note. However, should cost increases occur once the original invoice has been issued, we will raise an additional invoice and payment will then be due for immediate settlement by you.
   (g) If wish to cancel an External Event booking, you must do so in writing to [say where], in which case your deposit will be retained and you will incur the following charges:
   (i) Cancellation received within 60 working days of event – 50% of total event cost.
   (ii) Cancellation received within 15 working days of event – 100% of the total event cost.
   (iii) Any additional costs incurred by us in preparation of the event up until the time of cancellation, to cover any losses incurred by us for administration costs, travel, supplies etc., which will be disclosed fully in the event of cancellation.
   (h) We will endeavour to provide suitable options for you and your guests with special dietary requirements or allergies if we advised no less than 10 working days prior to the event.
   (i) We will serve your arrival drinks, table wines etc. during the event subject to waitress fees or corkage by prior written arrangement.
   (j) You agree to pay for any loss or damage to any equipment, crockery, cutlery or glassware supplied by us for the event, including any issues caused by your guests.
   (k) we will not be held responsible for the theft, lost or damage to any of your personal effects or gifts brought onto premises by your guests.
   (l) we do not accept liability under any claim whatsoever arising (be it by negligence or otherwise).
5. Free Wi-Fi access in retail shops
   You may be able to access our free wi-fi network in our retail shops (“Free Wi-Fi Access”), in which case your use of the Free Wi-Fi Access means the following additional terms apply:
   (a) we are not under any obligation to you to provide with Free Wi-Fi Access;
   (b) if Free Wi-Fi Access is available, it will only be free of charge during retail trading hours;
   (c) We do not guarantee the availability or speed of Free Wi-Fi Access;
   (d) We are not liable or responsible for lack of access, slow response times, the non-availability of any site nor any other issue that interferes with your use of Free Wi-Fi Access.
   (e) we may terminate Free Wi-Fi Access at any time, without notice and for any reason or no reason.
   (f) we do not warrant, represent or guarantee that our Wi-Fi facility will be secure or compatible with or accessible to any device or hardware.
   (g) Our Wi-Fi network is unsecured and information sent over the network may be visible to others.
   (h) we cannot be held responsible for the privacy, security or confidentiality of your activities, and strongly recommend that you use a personal firewall and anti-virus and malware protection for your device, software and data, and take due care when transmitting confidential information such as credit card details over the network and internet.
   (i) You must not:
   (i) attempt to gain unauthorised access to any computer, computer network, system or information or engage in any illegal or unlawful activities;
   (ii) deliberately search for pornographic, obscene, violent or racist materials or use search terms considered to be obscene, racist or offensive;
   (iii) send e-mails or messages, post blogs, publish or download content or carry out any other activity through our network in any way which is offensive, racist, discriminatory, obscene, promotes violence or public disorder, is intended to deceive, infringes copyright or other intellectual property rights, breaches confidential information, privacy or any other rights or is done with any criminal or terrorist intent;
   (iv) use our Wi-Fi to send spam emails or other unsolicited advertising or promotional materials.
   (j) You must indemnify us and any organisation managing and/or supporting our Free Wi-Fi Access against all losses, damage, expenses (including reasonable legal costs and expenses), liabilities or claims arising out of you breaking any of the terms and conditions of use of our Free Wi-Fi Access.
   (k) Use of Free Wi-Fi Access is entirely at your own risk and we will not accept any liability for any loss or damage of any kind, including damage to your device, software or data through inadequate security settings or failure to use using appropriate software to guard against viruses or malware that may be downloaded to your device while using Free Wi-Fi Access.
   (l) we will not provide any technical assistance or connectivity to our devices or systems in relation to Free Wi-Fi Access, and you will not be able to print in our premises or on our printers.
   (m) Free Wi-Fi Access may enable access to the World Wide Web for basic usage and browsing, but will not provide telnet, ftp or Internet Relay Chat software or functionality.
   (n) we block certain websites and chat rooms using filtering software and may do so in our sole and absolute discretion, but our software may not always prevent access to inappropriate or unlawful material and we are not responsible if any unsuitable sites or material have not been blocked. If you find a website has been inappropriately blocked, or in your opinion should be blocked, you may request a change by sending an email to customerServices@jeroboams.co.uk, but we are not obliged to respond in any timeframe or at all.
   (o) we are not responsible for the accuracy, validity, authenticity, integrity, timeliness or legality of any information made available through the Internet or purchases made from any third party while using Free Wi-Fi Access.