Wine Importers Edinburgh Limited, trading as Circus Direct
On-Line Terms and Conditions of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU PURCHASE ANY PRODUCTS THROUGH THIS WEBSITE

The following terms and conditions (the "Terms and Conditions") govern the on-line purchase of products through this website (the "Website"). You may not purchase any products through the Website unless and until you have confirmed your acceptance of, and agreement to be bound by, the Terms and Conditions by clicking on the ["I accept"] button at the end of the Terms and Conditions.

1. Formation of Contract
The Terms and Conditions shall be incorporated into and shall govern all contracts of sale between you and Wine Importers Edinburgh, a company incorporated in Scotland and having its registered office (company registration number SC57340) at Thistle House, Caputhall Road, Deans Industrial Estate, Livingston, EH54 8AS.

2. Purchase Process
You may make an offer to purchase any of the products as displayed on the Website, subject always to the availability of such products, by completing the on-line order form. The order form is deemed to incorporate the Terms and Conditions. At this point, you will be prompted to insert personal and financial information, with information required for completion of the order form clearly identified. You may also be asked for additional information as part of this process, for example, to verify that you are over 18 years of age, if attempting to purchase alcoholic beverages. Before entering any such information, please ensure that you have read and understood Wine Importers Edinburgh's Privacy Policy [need link here]. Wine Importers Edinburgh shall not be bound or be deemed to be bound by any contract with you unless you have properly completed and submitted an offer in terms of the order form. Following its receipt of an order form from you, Wine Importers Edinburgh will send to you, by e-mail, an acknowledgement of receipt of your order form (which shall not imply or constitute acceptance of the offer constituted thereby). As soon as reasonably practicable after it has sent the acknowledgement e-mail to you, Wine Importers may, subject always to availability of the products concerned and to the other provisions of the Terms and Conditions, send a further e-mail to you accepting the order at which point the contract for the sale of the products between you and Wine Importers Edinburgh shall be formed. The contract shall be deemed for all purposes to have been formed at the registered office of Wine Importers Edinburgh.

Notwithstanding the foregoing, Wine Importers Edinburgh shall not be obliged to accept any orders made by any person.

3. Prices and additional charges
All prices and charges for delivery and insurance and value added tax ("VAT") shown on the Website are quoted in Sterling (£).

All prices quoted on the Website are inclusive of VAT where applicable, unless otherwise stated. Delivery and insurance charges are shown clearly as separate items on the checkout page. Delivery and insurance charges will vary depending upon the nature and value of the products purchased, the method of delivery selected and the delivery point.

Wine Importers Edinburgh VAT registration number is 905 1130 74.

4. Payment
Payments shall be made only in Sterling (£) and by Switch, Solo, MasterCard, Visa or American Express.

Payments will be debited from your account upon Wine Importers Edinburgh's despatch of products ordered by you. The holder of the credit, debit or other payment card that is used for the payment of products purchased shall be liable for all sums charged. Wine Importers Edinburgh cannot be liable for any losses incurred or sustained by persons who transmit information to it by means of e-mail or any other Internet links, which losses shall be borne solely and exclusively by that person. Completion of the financial information and the submission of an order implies authority to debit the relevant credit, debit or other payment card.

Customers payment details are taken within a secure server environment (Thawte certified SSL). Once payment details are received by Circus Direct payment processing will take place offline at time of dispatch to ensure items are in stock for delivery. Online payment processing may be offered in the future, at which point charging, or verification of payment card validity may take place at point of order placement.

5. Delivery of products, title and risk
Wine Importers Edinburgh shall use its reasonable endeavours to ensure that delivery of products will be made in accordance with the terms and timescales for delivery comprised in any offer accepted by it. However, Wine Importers shall not accept any liability for any failure to deliver or delay in delivery or for any loss or liability whatsoever arising directly or indirectly from such failure or delay if and to the extent that the same are due to circumstances beyond its reasonable control. In the event of non-delivery of products, you shall be entitled to a full refund of the price paid by you, provided that you have notified Wine Importers of such non-delivery as soon as possible.

Ownership of products ordered by you shall not pass to you until Wine Importers Edinburgh has received payment in cleared funds for the price of the products and all ancillary costs (including all delivery and insurance charges) and the products have been delivered to your nominated delivery point. The products shall be at your risk as from the time when the products are delivered to your nominated delivery point.

6. Availability
All products are displayed on the Website on the basis that they can be supplied by Wine Importers Edinburgh subject to their availability. Wine Importers makes every effort to ensure that it holds sufficient stock to meet all anticipated orders, but may, due to unanticipated demand or lack of availability of products from, or failure to supply by, its suppliers be unable to fulfil (in whole or in part) all orders received by it.

In these circumstances, Wine Importers Edinburgh will inform you of the product(s) concerned by e-mail or phone. You will then be given the opportunity to cancel or to modify your order. If Wine Importers Edinburgh is unable to contact you, it reserves the right to accept your order and to despatch the available part of your order and to deliver the balance of your order at a later date (with no further delivery charges) but only if the balance of your order can still be delivered within the delivery timescales agreed when placing your original order. If Wine Importers Edinburgh cannot despatch the balance of your order within the agreed timescales, you shall be entitled to cancel your order (in whole or in part) and to return any products already despatched (insofar as not consumed and not perishable) in return for a full refund.

Wine Importers Edinburgh reserves the right to withdraw certain products for purchase through the Website at any time without notice.

7. Cancellation Policy
In relation to non-perishable products only, if you are not satisfied with the products purchased, or should you wish to cancel your order pursuant to the terms of The Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your order by giving written notice to November Leisure (by e-mail, fax or post) sent to the address below at any time until the expiry of seven (7) working days from the day after the products ordered have been delivered to you. With effect from the date of cancellation of your order, ownership of the products shall revert to Wine Importers Edinburgh and you will be obliged to take reasonable care of such products pending their return to Wine Importers Edinburgh. If you cancel your order following delivery of the products to you, you must return the products to Wine Importers Edinburgh at your expense and we will then refund your credit, debit or other payment card with the total value of your order (including delivery and insurance charges) within thirty (30) days of the date of cancellation. If you fail to return the products to Wine Importers Edinburgh, then Wine Importers Edinburgh shall be entitled to arrange for the products to be collected from you and for all costs incurred in connection therewith to be deducted from any sums to be refunded to you. On such cancellation, Wine Importers Edinburgh shall accept such products only if they are returned to Wine Importers Edinburgh in the same condition as the original delivered products.

Returns may be made directly to Circus Direct, Thistle House, Caputhall Road, Deans Industrial Estate, Livingston, EH54 8AS.

8. Damaged and Defective Products
If products delivered to you are damaged or defective, you will be entitled to a refund of the value of the damaged or defective product(s). In order to claim your refund, you must inform Wine Importers Edinburgh of the circumstances by giving written notice to Wine Importers Edinburgh (by e-mail, fax or post) sent to the address below at any time until the expiry of seven (7) working days from the day after the products ordered have been delivered to you. You (at your cost) should send any damaged or defective products to the address below within seven (7) days of such notification for inspection in order for the damage or defect to be assessed and verified.

The cost of returning the damaged or defective products shall be at Wine Importers Edinburgh's expense where such damage or defect has been assessed and verified by Wine Importers Edinburgh, acting reasonably and Wine Importers Edinburgh shall reimburse your reasonable and substantiated costs incurred in sending such product(s) to the address below. Where any valid claim relating to any defect in the quality or condition of the products is notified to Wine Importers Edinburgh, it shall replace the products and deliver these to you free of any charge or offer you a full refund of the value of the damaged or defective products, but Wine Importers Edinburgh shall have no further liability to you.

Nothing in the Terms and Conditions affects your statutory rights as a consumer or seeks to limit any liability of Wine Importers Edinburgh which cannot, as a matter of law, be limited or restricted.

9. Sale of Alcoholic beverages
The sale of alcoholic beverages is regulated by law and orders cannot be accepted from, or alcoholic beverages delivered to, anyone who is, appears to be or who Wine Importers Edinburgh suspects is under 18 years of age (or such other age at which the consumption and purchase of alcohol is permitted in the country from which you are accessing this Website, if not the UK or Eire) to the extent that they relate to the purchase of alcoholic beverages. By placing an order you are deemed to confirm, represent and warrant to Wine Importers Edinburgh that you are 18 years of age or older and that when the order is delivered it is accepted by a person 18 years of age or older.

10. Trade Marks
The trade or service marks on the Website are the property of, or are under licence to, Wine Importers Edinburgh. Trade or service marks used in the Website may be not be used or reproduced without the written permission of Wine Importers Edinburgh.

11. Reservation of Rights
Wine Importers Edinburgh reserves the right to suspend all or any of the services offered through the Website or access to the Website itself for technical, legal or regulatory reasons. Wherever possible, Wine Importers Edinburgh will provide notice of such matters.

12. Interruption to Service
You accept that computer and telecommunication services are not fault free and may experience or require occasional periods of downtime (during which some or all of the services offered through the Website will not be available) whether for repair, maintenance, upgrading or otherwise, and Wine Importers Edinburgh cannot guarantee uninterrupted availability. You shall have no claims whatsoever in respect of any such period of non-availability.

13. Liability
To the fullest extent possible under the law and unless otherwise agreed in writing, Wine Importers Edinburgh shall not be liable to you for any direct, indirect, consequential, incidental, special or punitive damages or loss or profits, business or anticipated savings or loss of or corruption of data whatsoever, even if Wine Importers Edinburgh has been advised of the possibility of such damages or loss. This does not affect your statutory rights as a consumer under law.

14. Severability
If any provision of the Terms and Conditions is determined to be illegal, void or unenforceable by any court or administrative body of competent jurisdiction, such determination or decision shall not affect the validity or enforceability of the other provisions of the Terms and Conditions, which shall remain in full force and effect.

15. Variation
Wine Importers Edinburgh reserves the right to vary these Terms and Conditions of Sale at any time, and any such variation shall have immediate effect, save with regard to any orders which have at the date of such variation been accepted but in respect of which the products have not been delivered to you.

16. Governing Law and Jurisdiction
The Terms and Conditions shall be governed by, and construed exclusively in accordance with, Scots law. Any dispute arising under the Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts.

17. Addresses for correspondence and notices

Circus Direct

Thistle House

Caputhall Road

Deans Industrial Estate

Livingston

EH54 8AS

Phone: 07857 626101

Fax: 07857 626101

E-mail: info@circuscafedirect.co.uk