Terms and conditions

Welcome to Vinoa (the “Site”). This Site is maintained and operated by In 2 Vino Ltd trading as Vinoa. (“Vinoa” or “Company”). We are registered in England and Wales under number 8908710. Our registered office is at Studio 004 – Westbourne Studios, 242 Acklam road, London W10 5JJ.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Vinoa 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 Vinoa 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. VINOA RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY VINOA 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 noncommercial 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 Vinoa. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Vinoa. 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 Vinoa’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 catalog, 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. To understand how we use information collected from you, please read our Privacy Policy.

 

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 Privacy Policy, and membership reward programs.

 

4. Membership

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by Vinoa for any reason (a “Member”). 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 be reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.

 

5. Orders and Contracts

Products and Box subscriptions may be ordered by clicking on the box or item 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” button on the checkout page.

Your order constitutes an offer to Vinoa to buy a box subscription or product. All orders are subject to acceptance by Vinoa. Vinoa is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Vinoa accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.

By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 20th of every calendar month. Any cancellations need to be done prior to 5pm of the last day of the previous month to prevent the charge for that month. To cancel your subscription at any time, you must logon to your account or email us at [email protected] we will do it for you. If you cancel, you may use your subscription until the end of the then-current month. Vinoa may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.

For multiple month subscriptions (6 month and yearly subscriptions), your subscription will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time. Gift subscriptions do not automatically renew.  If you cancel your multiple month subscription other than as a result of a material breach by Vinoa of these Terms, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Section 7 below).

Prices include VAT and delivery costs (where applicable), which will be added when you view the items in your shopping basket. Please see our FAQ for details of when delivery charges apply.

Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.

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.

6. Free or discounted offers

Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.

Except where otherwise stated, discounts and credits are available only once to any one person.

Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

You must have internet access and valid payment details to redeem a free or discounted offer.

You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the In 2 Vino ltd service until you cancel scheduled boxes.

Except where otherwise stated, discounts and credits can only be redeemed against snack, breakfast or kids boxes (not including the sharing box or any of the “special editions” range).

 

7. Consumer rights & cancellation

You may cancel an order and receive a refund at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Vinoa refunds policy (see below).

Each box subscription is for these purposes a single order, so for example you can only cancel a box subscription and receive a refund within fourteen days of receiving the first monthly box. You can of course cancel any subscription at any time, but it is only if you do it within this initial fourteen day period that you will be entitled to a refund (as required by UK legislation known as the Distance Selling Regulations).

To cancel an order in this way, you must inform Vinoa by email, giving us your name, address and order reference. You must also return the Products to Vinoa within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, Vinoa may have a right to claim the cost of any deterioration from you.

Vinoa’s refunds policy is: if you cancel an order within the fourteen-day cooling-off period (see above), Vinoa will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. Vinoa will refund the price of the product in full, including the cost of delivery. However, you will be responsible for the cost of returning the item to Vinoa. Vinoa will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

8. Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

 

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 Vinoa or our licensors 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. Vinoa and the Vinoa logo are registered trademarks, and Discover Beauty Better is a trademark, of In 2Vino Ltd. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2014 In 2 Vino LTD or its affiliates. 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 In 2 Vino LTD and its affiliates.

 

10. Submitted Content

By submitting or posting any materials or content on the Site, you grant Vinoa 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 Vinoa 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 Vinoa the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Vinoa 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.

 

Review Guidelines

Vinoa 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

Vinoa 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 Vinoa control. If you cannot access the Site properly or at all because any of these reasons, Vinoa will not refund any money you have paid or compensate you.

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

The Site relies in part on software to work. Software has bugs. Whilst Vinoa will monitor the Site and try to fix bugs that are made known to us, Vinoa 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. Vinoa is not responsible for the content of these websites or products or services.

 

12. Indemnification

You agree to indemnify Vinoa 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 Vinoa Review Guidelines.

 

13. Limitation of Liability

Vinoa 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 Vinoa at the start of your membership.

Vinoa 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

Vinoa 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 Vinoa to partially or fully exercise any rights or the waiver of Vinoa of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Vinoa or be deemed a waiver by Vinoa of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Vinoa under these Terms and any other applicable agreement between you and Vinoa shall be cumulative, and the exercise of any such right or remedy shall not limit Vinoa 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 English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

Questions

Should you have any questions regarding these Terms you may contact us at [email protected]