Terms of service.
BinTwo – Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of all Products online by us, the BinTwo Ltd, trading as BinTwo, a company registered in England and Wales under number 08728354, whose registered address is at Tomphanny Farm, Tregellist, St Kew, Cornwall, England, PL30 3HG (referred to as “we/us/our”).
By visiting our Website and placing an Order with us, you warrant that you are over 18 years of age and legally capable of entering into binding contracts.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Products, as explained in clause 2. These Terms and Conditions, as well as any and all Contracts are in the English language only;
“Customer” means you, the Consumer placing an Order with us;
“Product(s)” means the Products which are specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Product(s);
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and
“Website” means www.bintwo.com.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Products by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, you will have the option to register an account with us or check out as a guest. Our Website will guide you through the ordering process.
2.2 Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. If you do not agree to comply with and be bound by these Terms and Conditions, you will be unable to proceed with the Order.
2.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
2.4 Our Order Confirmation will set out the Products you have ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery or collection date for the Products.
2.5 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).
2.6 Once your Order has been accepted as detailed in clause 2.3, we cannot accept any changes to it.
3. Age Restrictions
3.1 Our Products contain alcohol and may only be purchased by consumers above 18 years of age. We are not permitted by law to supply these Products to anyone below that age.
3.2 Under the Licensing Act 2003, it is illegal for us to sell or deliver alcohol to anyone under 18 years of age. By agreeing to these Terms and Conditions, you represent and warrant that you are at least 18 years of age and that the relevant Products are for adult consumption only.
3.3 If our couriers or representatives are in doubt of the age of the recipient of the Order, they will request formal identification or proof of age. In the event that this is not satisfied, they are not permitted to leave the Products with you and they will return them to us. You will need to arrange for redelivery or collection in accordance with clauses 6 and 7.
4. Description and Specification of Products
4.1 We have made every reasonable effort to ensure that the Products conform to the images and descriptions provided on our Website. However, please note that the images are for illustrative purposes only and there may be slight variations due to natural variances in the Products. Tasting notes, as well as images of gift wrapping and hampers, are intended as a guide only.
4.2 Unless otherwise stated, all bottles are sold 70cl for spirits and 75cl for wines. Alcohol is expressed as a percentage of alcohol by volume (ABV).
4.3 Please note that clause 4.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to clause 8 if you receive incorrect Products (i.e. not as described).
4.4 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.5 We aim to keep stock levels up to date on our Website, however, we do not represent or warrant that particular Products will be available, in which case, we will contact you to offer an alternative, or the provisions of clause 2.5 will apply.
5. Price and Payment
5.1 The price of the Products will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 Please note, special offers, promotions and prices may vary between our store and on our Website.
5.3 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every effort to correct such errors or omissions as soon as is reasonably possible.
5.4 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.5 All prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.6 Delivery charges are not included in the price of the Products. However, we may offer free delivery for Orders within a certain area and over a specified amount. You can also choose to collect the Order from us for free. Delivery options and any related charges will be presented to you as part of the Order process. Payment for the Products and any applicable delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
5.7 All payments made via the Website will go through a payment gateway provider, such as PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
6. Delivery
6.1 We can currently only deliver within the UK. If we cannot fulfil your Order, the provisions of clause 2.5 will apply.
6.2 Orders will normally be dispatched within 7 days after the date of our Order Confirmation. In any event, Products will be delivered within 30 days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 12).
6.3 If your Order has not arrived by the estimated delivery date, please contact us as soon as possible by telephone, followed up in writing, so we can investigate.
6.4 Orders will be delivered by our own representatives or by courier and you will be required to sign for the Products. If no-one is available at your delivery address to sign for the Products, the courier company will leave a delivery note explaining how to rearrange delivery or where to collect the Products.
6.5 When purchasing your products during check out you may select an option for the Products to be left without signature in a safe space nominated by you. In selecting this option you accept responsibility for any loss or theft of Products. We will not replace any Products that may be lost or stolen when you have selected this option. In selecting this option you accept this condition.
6.6 If you do not collect the Products or rearrange delivery within 7 days, we will contact you to ask how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that we incur in recovering the Products.
6.7 In the unlikely event that we fail to deliver the Products within 30 days of our Order Confirmation (or as otherwise agreed in clause 6.2), you may treat the Contract as being at an end immediately if we have refused to deliver your Products or if you told us when ordering the Products that delivery within that time period was essential.
6.8 If you do not wish to cancel under clause 6.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
6.9 You may cancel all or part of your Order under clauses 6.6 or 6.7, provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 days. Please note that if any cancelled Products are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Products.
6.10 Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Products.
6.11 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until delivery is complete as defined in clause 6.9, at which point it will pass to you. Please examine the Products on delivery and reject them if they are not in good condition.
6.12 You own the Products only once we have received payment in full of all sums due (including any delivery charges).
7. Collection
7.1 Where you have requested to collect the Order from our collection point, we will notify you when it is ready and we will arrange a suitable date and time with you for the collection.
7.2 Should you not collect the Order within 7 days of our notification that the Products are available, we will contact you to ask you how you wish to proceed. If we cannot contact you, we will treat the Order as cancelled. If this happens, you will be refunded the purchase price of the Products but we may charge you for any reasonable costs that we incur in cancelling the Order.
7.3 The responsibility for the Products will pass to you once they have left our shop. You will own the Products only once we have received payment in full of all sums due.
8. Problems with the Products
8.1 By law, we must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information we have provided. If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them and you could not reasonably have known about this when you accepted the delivery, if any Product is out of condition (i.e. any wine is corked etc.) or if you receive incorrect (or incorrectly priced) Products, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund or replacement.
8.2 Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to us under this clause 8 merely because you have changed your mind. Please refer to clause 9 for more details.
8.3 To return Products to us for any reason under this clause 8, please contact us to arrange this. We will be responsible for the costs of returning Products under this clause 8 and will reimburse you where appropriate.
8.4 Refunds (whether full or partial, including reductions in price) under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
8.5 Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Products were originally purchased and will be made using the same payment method that you used when ordering the Products, unless you specifically request that we use a different method.
8.6 For further information on your rights as a Consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Cancelling and Returning Products if You Change Your Mind
9.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
9.2 If the Products are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products. If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products. If you are collecting the Products, the legal cooling-off period ends 14 calendar days after the day on which you collected them.
9.3 If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
9.4 Please ensure that you return Products to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 9.
9.5 You may return Products to us using a suitable delivery service of your choice. We recommend you use a service that provides proof of delivery. Please note that you must bear the costs of returning Products to us if cancelling under this clause 9 and you must return the total Order in full. Delivery charges incurred by you in returning Products will not be refunded.
9.6 Refunds under this clause 9 will be issued to you within 14 calendar days from:
9.6.1 the day on which we receive the Products back; or
9.6.2 the day on which you inform us (with evidence) that you have sent the Products back (if this is earlier than the day under clause 9.6.1);
9.6.3 if we have not yet provided an Order Confirmation or have not yet dispatched the Products, the day on which you inform us that you wish to cancel the Contract.
9.7 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. more than would be permitted in a shop) or resulting from improper storage of the Products (e.g. not kept in clean, dry storage).
9.8 Refunds under this clause 9 will be made using the same payment method that you used when ordering the Products, unless you specifically request we make a refund using a different method.
10. Cancellations by Us
10.1 We may cancel your Order at any time before we dispatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or if an event occurs outside of our control (please see clause 12).
10.2 If we cancel your Order and you have already paid for the Products, the payment will be refunded to you within 14 days. If we cancel your Order, we will confirm this in writing.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We only supply products for domestic and private use by Consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
11.3 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
11.5 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11.6 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
12. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, subsidence, acts of terrorism or war, governmental action, pandemic, epidemic, other natural disaster, or any other event that is beyond our control.
13. How We Use Your Personal Information: All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016, the Data Protection Act 2018 and any subsequent changes. For further information, please refer to our Privacy Policy on our Website.
14. Other Important Terms
14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
14.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales.
15.2 If you are a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 15.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
15.3 If you are a Consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.