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Terms & Conditions

Words with Wine (the "Site") is maintained and operated by Word with Wine Limited (the "Company"). We are registered in Scotland with registration number SC687593 and registered office is at Gay Cottage, Newmains, North Berwick, East Lothian, Scotland, EH39 5PR. 
 

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you should not use or access this Site. The Company reserves the right to revise these Terms at any time by updating this posting but will not change these Terms in relation to orders which have been placed and acknowledged by the Company before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy which is incorporated herein.
 

By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the Site. Price information found on this site is subject to change without notice. The Company reserves the right to change these Terms at any time without notice but will not change these Terms in relation to orders which have been placed and acknowledged by the Company before the change is made.
 

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
 

1. Use of the Site
 

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of the Company. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of the Company. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
 

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
 

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity

  • Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature

  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation

  • Attempting to interfere in any way with the Site’s or the Company’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
     

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
 

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. 
 

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to the Privacy Policy.
 

4. Your personal information

We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. For more information, please refer to our Privacy Policy

5. Membership

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by the Company for any reason. We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.

6. Orders and Contracts

The Company Membership Packages (“Memberships”) may be ordered by clicking on the Membership you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" or equivalent button on the checkout page.

Your order constitutes an offer to the Company to buy a Membership. All orders are subject to acceptance by the Company. The Company is not obliged to accept your order and may, in its discretion, decline to accept any order. Where the Company accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the Company has recognized your purchase of a Membership. 

By purchasing a Membership you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Depending on your choice of service, your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the day you sign up and thereafter on the same day of every calendar month. Any Membership cancellations need to be done prior to the date that your next payment is due. To cancel your subscription at any time, you must email us at [insert email address]. We will respond to you in a timely manner with confirmation of your cancellation. If you cancel, you may use your subscription until the end of the month. The Company may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

7. Offers & Discount Codes

If you have a discount code, this needs to be applied during the checkout; the option is located on the same page as your contact details. Please note that we only allow for one code/discount/promotion to be used at checkout. Any one offer cannot be used in conjunction with any other offer. Offers do not apply to gift memberships unless specifically stated. Offers cannot be added retrospectively. Offers are not transferable or redeemable for cash or credit. 

We reserve the right to withdraw or cancel discount codes at any time. We also reserve the right to reject discount codes if we suspect any fraud.

  • Customers who purchase a One Off Box originating with a discount code can not purchase another box with a discount within a six (6)-month period 

  • Monthly Memberships originating with a discount can not be cancelled and renewed with a discount within a twelve (12)-month period

  • Bi-Monthly Memberships originating with a discount can not be cancelled and renewed with a discount within a twenty-four (24)-month period

8. Member rights & cancellation

You may cancel your month-to-month Membership before the date that your next payment is due by contacting the Company through the email address. The Company will not refund any months for a month in which the Membership bottle has already been sent. 

If you receive a damaged or broken bottle or book, you may follow the procedure specified in our FAQ for declaring your damaged or broken bottle or book. Refund declarations must be made within 24 hours of receiving your bottle and/or book. The Company will send you a replacement bottle of the same wine or a replacement book of the same book. The Company does not refund damaged or broken products. The Company reserves the right to dispute the reception of a damaged or broken products.

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of the Company or our partners and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is the property and copyright of Words with Wine. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Words with Wine and its affiliates.

10. Submitted Content

By submitting or posting any materials or content on the Site, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant the Company the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the Company the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

The Company reserves the right to use content that you post to social media that specifically concerns or references the Company, its partners and the products it offers. This content may be shared by the Company on its own social media properties, with third-parties, and on the Site.

Review Guidelines

The Company values your feedback. When writing your review, please consider the following guidelines:

  • Focus on the product and your individual experience using it

  • Provide details about why you liked or disliked a product

We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:

  • Obscenities, discriminatory language, or other language not suitable for a public forum

  • Advertisements, "spam" content, or references to other products, offers, or websites

  • Email addresses, URLs, phone numbers, physical addresses or other forms of contact information

  • Critical or spiteful comments on other reviews posted on the page or their authors

 

11. Disclaimers

The Company is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside the Company's control. If you cannot access the Site properly or at all because any of these reasons, the Company will not refund any money you have paid or compensate you.

Making the Site enjoyable means the Company needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. The Company will try to do scheduled maintenance during what the Company anticipates will be relatively low levels of online use. The Company also needs to be able to do emergency maintenance and/or suspend access to the servers where, in the Company's reasonable discretion, the Company sees the need to do that. The Company will try to have the Site available again as soon as the Company thinks it is safe to do so.

The Site relies in part on software to work. Software has bugs. Whilst the Company will monitor the Site and try to fix bugs that are made known to us, the Company cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses.

Where the Site contains links to other websites and third party products or services, these links are provided for your information only. The Company is not responsible for the content of these websites or products or services.

12. Indemnification

You agree to indemnify the Company and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or the Company's Review Guidelines above.

13. Limitation of Liability

The Company excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and the Company at the start of your membership.

The Company will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.

Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

14. Copyright Infringement; Notice and Take Down Procedures

The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

15. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

16. Waiver; Remedies; Variations, Entire Agreement

The failure of the Company to partially or fully exercise any rights or the waiver of the Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of the Company under these Terms and any other applicable agreement between you and the Company shall be cumulative, and the exercise of any such right or remedy shall not limit the Company’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply. 

17. Governing Law

The operation of our site and Contracts for the purchase of Goods through our site are governed by the law of Scotland. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

Questions

Should you have any questions regarding these Terms you may contact us at info@wordswithwine.com.

Our Privacy and Cookie Policy
 

Our promises
 

We will only use your data to improve your experience. We’ll protect your data like it’s our own. We promise to always use clear, plain English, and to always give you the ability to decide what you hear from us and how. And if we no longer need your information, we’ll delete it.
 

Protecting your privacy
 

We care about our customers, visitors and newsletter subscribers - so the privacy of everyone we interact with, whether you’re a member, just browsing or receiving our newsletters, is hugely important to us. If you have any questions about how we process, use, store and protect your data, please don’t hesitate to contact us on [email address].
 

How we use your information
 

If you subscribe to Words with Wine and/or place an order through our website or sign up to marketing information or respond to a contest, survey or other promotional feature, we will collect personal information that you voluntarily provide to us.  This information may include your contact details including name, address, email, telephone number and, where you provide it, some categories of other personal information. We do not collect any personal information about you unless it is voluntarily provided by you.  We use your information in several different ways, and how we use it depends on the information. We’ve laid this out below for you.

1 Your name and contact details

1.1 Most importantly, we use these to deliver your box to you. We also send you service messages by email, so you know when your box has been dispatched.

1.2 We use this to keep you up to date with our latest news and information and all things Words with Wine via post or email. We’ll only ever send these kind of communications if you give us permission, and you can withdraw your permission at any time.

1.3 We want to keep you (and ourselves) safe from fraud, so we may use your name and contact details to make sure we’re doing everything we can to prevent any fraudulent activity.

1.4 To provide you with the best service. We want you to enjoy every box you receive, and every post you read on our blog. To do that, we need to be able to find out exactly what you like.

1.5 Showing you Words with Wine adverts when you browse. This is to make sure you are kept in the loop if you’re a member, or always know what our best deals are if you’ve yet to join us yet.

2 Your date of birth information

We use this to detect and prevent fraud.

3 Your payment information

If you’re a member, this means the security and CSV code on your card. We need this in order to process your payment and get your box to you. It also means we can refund you if required. If you cancel, we will keep the information on file for 3 years - this is so if you want to rejoin the club, it’s as smooth a process as possible for you. All archived credit card information is maintained in a secure and safe environment.    

4 Your contact history with us

This is to ensure we give you the very best level of customer service and support we can provide, and in order to fulfil our contract with you. We also use it to train our staff, so that our high level of customer service and support continues - no matter who you speak to.

5 Purchase history 

This is used so we can provide customer service and support - we need to know what boxes you’ve received in case there is ever a problem. It also helps us keep track of what you, and other customers, like. This helps us ensure you have the best possible experience.

6 Information about your phone or laptop, and how you use our website and app

This helps us improve our website and your experience as a customer. It also helps us protect against fraud, and meet our legal obligations as caretaker of your data.

7 Your responses to surveys, competitions and promotions

7.1 We need your responses to competitions and promotions in order to be able run them, otherwise we can’t choose a winner or carry out the terms of the promotion. We use information from surveys to let our partners know what products you liked, and improve your customer experience. Of course, you never have to give us this information, but if you don’t we may not be able to provide our very best service to you.

7.2 We also use your data purposes including research, site improvements, testing our systems and developing new products. Don’t worry though, because we will always anonymise your data so you cannot be identified.

8 Sharing your information

8.1 We never sell any personal data, including name, address, email or payment information. But we do share data with some companies in order to fulfil our obligation to you and provide our service. These companies are professional services such as marketing agencies and web hosts, or companies that help get your box to you, such as delivery companies.

9 Marketing messages

9.1 For members we will only send these, by email or post, if you have not rescinded your consent. As a subscription business, we rely on legitimate interest to process our members’ data for marketing purposes. We use email to send you updates, exclusive members’ offers, selected partner offers and more. For everyone else, we will not email you unless you have given us your specific consent.

9.2 You can unsubscribe from these marketing messages at any time. Simply click the ‘unsubscribe’ link on any email or contact our Memberships Team at [email address], and we’ll update your preferences. This will not stop any service communications such as dispatch emails.

10 Seeing adverts online for Words with Wine

10.1 We use online advertising to keep you up to date with our latest news, or to make sure you get the best deal when you join. We do this using a variety of methods such as pixels, ad tags, cookies and services offered by social networks and marketing providers such as Facebook’s Custom Audience.

10.2 We tailor banners and ads to you based on information we hold about you and your use of our site to make sure you only receive relevant messages.

10.3 Our website may contain links to other websites.  Other websites may also reference or link to our website.  These other websites are not controlled by us. We encourage our users to be aware when they leave our website and to read the privacy policies of every website that collects personally identifiable information.  We are not responsible for the privacy practices or content of such other websites. Visiting these other websites is at your own risk.

11 Keeping your information

11.1 We keep your information for as long as you are a member of Words with Wine in order to provide our service to you, and we may also keep it as long as necessary for reporting and training purposes.

11.2 If reasonably required we may hold onto your data for legal or regulatory requirements.

11.3 We will keep you on our mailing list for a maximum of 3 years, at which point we will re-confirm your subscription. If no re-confirmation is received, we will remove your personal data.

11.4 We will keep hold of your payment information for a maximum of 3 years after cancellation. This makes it easier for you to re-join.

12 Your rights

12.1 You have the right:

  • To be informed about our use of your personal information

  • To access any personal information we hold about you

  • To request the correction of any inaccurate personal information held

  • To request that we delete your data, or stop processing it or collecting it, in some circumstances

  • To stop direct marketing messages, which can be done by clicking the ‘unsubscribe’ link in any email or contacting our Memberships Team at [email address]

  • To request that we transfer your data to you or another service provider

  • The right to complain to your data protection regulator — in the UK, the Information Commissioner’s Office

12.2 If you want to exercise your rights, have a complaint, or just have questions, please contact our Membership Team at [email address]

13 Changes to how we Protect Your Privacy

We may change this page from time to time, to reflect how we are processing your data. If we do make changes, we will make this clear to you either through our website or through another form of contact such as email.

14 Cookies

We use cookies on our website. For more information, please see our Cookie Notice. We may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual.

15 Data Security

15.1 We have appropriate security measures in place to prevent your personal information from being accidentally lost, used or access in an unauthorised way, altered or disclosed. We ensure that our employees and agents and contractors are aware of their privacy and data security obligations.

15.2 Transmission of information via the internet is never completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of your electronic information transmitted to us and any transmission is at your own risk.  We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

15.3 We do not transfer the information you give us to countries outside the European Economic Area (EEA), except here the international transfer is necessary in connection with the services we are providing to you. If you are outside the EEA, your information may be transferred outside the EEA in order to provide you with our services.  By submitting your personal information to us in this way you agree to the transfer and processing of your information outside the EEA.

16 How to contact us

16.1 We always welcome any feedback from our members or site users, either positive or negative. Please don’t hesitate to contact our Memberships team, who will be happy to answer any questions you may have.

16.2 You can contact us by email at [email address], or you can write to us at

 

Words with Wine

Gay Cottage, 

Newmains, 

North Berwick, 

East Lothian, 

Scotland, 

EH39 5PR