Terms and Conditions – BMC
Global
A. Terms and Conditions - Business and
Use
B. Terms and Conditions - For
“Wine”, “Champagne” and “Liqueurs”.
A. Terms and Conditions of Business and Use
Last updated 1st
January 2008
To purchase products from us
or use our web site one can only do so by following these terms and conditions,
and by buying on the web site you are agreeing to be bound by them. Although
they are written in small print, we hope you will agree that they are designed
to be fair to you and to us. We may change these from time to time by updating
this posting.
The following terms shall have
the following meanings: -
1.1. “Products”: Chocolates, Chocolate Fondue, Jams, Honey.
Top of “Terms and Conditions – Business and
Use”
We have selected our products which
we believe represent the best quality and price. All have been properly stored
and come from reputable suppliers. We are able to offer high standards of
service and quality.
2.1. Price Promise
We guarantee great value. That means that if you buy products from us and then find
the same product for sale in the
2.2. Quality
We only supply high quality
products. We cannot offer a refund if you are not satisfied.
2.3. Availability
Our products are handmade, and
can run out from time to time. However we can guarantee to supply at least one
item of the product you order at the price listed. If we cannot supply the
product at that price for any reason we won't complete the order without
agreeing it with you first. If you order a product we will do our best to
supply it and at the price listed. If we cannot supply the product we will
inform you as soon as possible.
2.4. Customer satisfaction
If you are dissatisfied with
our performance in any way, please contact our customer services department
immediately. We aim to deal with all enquiries fairly, confidentially and
quickly. We will acknowledge your contact within 24 hours of receipt of your correspondence.
We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a
satisfactory resolution has been achieved. We are continually improving our
service, but if you have any particular ideas or suggestions about how we can
improve, please send them to: suggestions@bmcglobal.com
Top of “Terms and Conditions – Business and Use”
3.1. All
prices are quoted in pounds sterling, and may be per item or per case, as
marked. The prices include Value Added Tax (VAT), unless otherwise specified.
Any delivery charges are additional.
3.2. We accept
payment by Switch, Solo, JCB, Visa, MasterCard, Delta and American Express
(Amex).
3.3. All
products are offered subject to availability and are not despatched until full
payment is received.
Top of “Terms and Conditions – Business and
Use”
4.1. Age
restrictions apply for certain products. See Terms and Conditions - For “Wine”,
“Champagne” and “Liqueurs”.
Top of “Terms and Conditions – Business and
Use”
5.1. You need
not be concerned about shopping on the web. We use a state-of-the-art
encryption (128-bit) and technology for the transfer of credit card
information. They are not held in clear text on any web site. Additionally, we
have security measures in place to protect our customer database and access to
this database is restricted internally. If you prefer not to use credit cards
online, you can choose to send your credit card details separately by fax, post
or telephone.
5.2. It is
your responsibility to protect your card from being disclosed to any third
party.
Top of “Terms and Conditions – Business and
Use”
6.1. Delivery
will be during daytime. We will deliver as quickly as possible. On our regular
products this is usually within 5 working days, very often we have next day
deliveries if ordered before
6.2. We
normally deliver from Monday to Friday,
6.3. If there
are any breakages, the carrier will need to collect the complete case including
the damaged contents. We cannot consider any claims for breakages unless the
breakage is stated on the documentation and the complete case is given back to
the carrier.
6.4. If we
have not attempted to deliver your products within fourteen days of you placing
an order for one of our products, then we will refund the delivery charge to
set off against your next purchase. To avoid any doubt, if the driver has left
a card because you are unavailable, then this will count as an attempted
delivery.
6.5. You, or
someone else if instructed by you, must sign upon delivery,
we will not leave your order on your doorstep. You must examine and sign for
your order on arrival. Your signature on the carrier's standard delivery
documentation will be proof of delivery of your order referenced in any
documentation.
6.6. International Deliveries: All shipments which cross
national borders must be cleared through Customs in the destination country
prior to delivery to the recipient. We can not hold responsible for any delay
in delivery (and related costs) if Customs is holding the shipment for
clearance. Duties and taxes may be assessed on the contents of shipments.
Duties and taxes are the responsibility of the recipient. We are not required
to make advance payment of duties and taxes and may require the recipient or
liable third party to pay prior to discharging any liability for duties and
taxes. We may elect to advance on behalf of the party responsible for payment
any duties and taxes as assessed by Customs. If Customs doesn't clear the
shipment, the parcel will be returned to us. The recipient or liable third
party will be responsible for payment of both the original delivery charges and
the return charges. We reserve the right to assess a surcharge. If we advances
any amounts as duties, taxes, return charges at either the original destination
or upon return, the recipient or liable third party shall be liable for such
amounts and all fees and surcharges related to our advancement of duties, taxes
and return charges. These delays are not covered by our money back guarantee.
6.7. If you
have any queries regarding delivery please contact us at delivery@bmcglobal.com
Top of “Terms and Conditions – Business and
Use”
7.1. If you
have a voucher to redeem against the purchase of a product from us, the terms
and conditions on that voucher apply, and you agree to be bound by those terms
and conditions.
7.2.
Promotional vouchers can only be used on orders with a minimum value of £25
(excluding delivery). For alcohol products see Terms
and Conditions - For “Wine”, “Champagne” and “Liqueurs” (7.2.).
Top of “Terms and Conditions – Business and
Use”
8.1. You may
cancel your order for any reason whatsoever if we have not already shipped your
order.
8.2. You must
call us on tel. (020) 7702 1528 and notify us by email on customer.service@bmcglobal.com
8.3. We shall
reimburse the price of the products, excluding £10 administration charge,
within 30 days from the date you notify us of the cancellation.
8.4.
Unfortunately, we are unable to reimburse the delivery charge when you have
exercised your right to cancel your order.
8.5. Nothing
in this clause shall affect your statutory rights as a consumer.
Top of “Terms and Conditions – Business and
Use”
9.1. You agree
and acknowledge that we own or are licensed to use all copyright, database rights,
trade marks and other intellectual property rights in and to all parts of this
web site, and to the business of BMC Global, including all software, the
structure, design and layout of the web site, the styles of the products and
the electronic shop.
9.2. You are
entitled to use our web site in accordance with these Terms and Conditions
only. You must obtain our prior written consent before you use our web site or
any part of it in any other manner.
9.3. All
persons, individual and corporate, are prohibited from providing hypertext or
other links to the bmcglobal.com web site, other than to our home page, from
their own web site or from a third party's web site, without our prior written
consent.
Top of “Terms and Conditions – Business and
Use”
10.1. We
warrant that the products will be of satisfactory quality and fit for their
general purpose.
10.2. Other
than as stated elsewhere in these terms and conditions, all warranties,
conditions, terms and undertakings, expressed or implied, whether by statute,
common law, custom, trade usage, course of dealings or otherwise in respect of
the goods and services provided by us hereunder are hereby excluded to the
fullest extent permitted by law. Nothing in this Agreement shall affect your
statutory rights as a consumer.
Top of “Terms and Conditions – Business and
Use”
11.1. The
limitation of our liability to you for direct loss or other loss within the
reasonable contemplation of the parties at the time of your order will be
limited to £250 in respect of any one event or series of connected events.
11.2. Save as
provided in clause 11.1, we shall not be responsible to you for any indirect
consequential or economic or special loss or damage whatsoever or for any loss
of business, loss of contracts, loss of profits or use, any deletion,
corruption, destruction or loss or removal of data, loss of goodwill or loss of
reputation or any financial loss.
Top of “Terms and Conditions – Business and
Use”
12.1. By
providing your details to BMC Global on our web site, you consent to BMC Global
maintaining, recording, holding and using the information you give BMC Global
at the time of ordering to process your orders, to improve our service to you
and inform you of promotions. All data is collected lawfully and maintained in
accordance with the Data Protection Act 1998.
12.2. Your
personal details may be passed to other BMC Global companies and also to third
parties where this is necessary for the purposes of processing your request.
From time to time, BMC Global and other BMC Global companies may send you
details of products, unless you have informed BMC Global that you do not want
your personal details to be used for this purpose by email to customer.service@bmcglobal.com.
Other than as stated in this policy, we will never wilfully disclose
information about you to any third party without first receiving your
permission.
12.3. If you
have any questions regarding our privacy policy, please email us at customer.service@bmcglobal.com
Top of “Terms and Conditions – Business and
Use”
13.1. We shall
not be liable for any delay in or for failure to perform obligations if that
delay or failure is caused by circumstances beyond our control such as, but
without limitation, any strike, lock-out or other form of industrial action,
war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident, breakdown of plant
or machinery, fire, flood, storm or Act of God, difficulty or increased expense
in obtaining staff, materials, goods or raw materials, failure of ISP or
telecommunications provider in connection with the performance of this
Agreement.
13.2. This
Agreement does not confer or purport to confer on any third party any benefit
or any right to enforce any term of this Agreement.
13.3. We
reserve the right to modify these terms and conditions at any time and in any
way.
13.4. The sale
of the goods takes place only when specific goods are appropriated to the
contract.
13.5. These
terms and conditions shall be subject to English law and the exclusive
jurisdiction of the Courts of England and
Top of “Terms and Conditions – Business and
Use”
B. Terms and Conditions - For “Wine”, “Champagne” and
“Liqueurs”.
Last updated 1st
January 2008
To purchase products from us
or use our web site one can only do so by following these terms and conditions,
and by buying on the web site you are agreeing to be bound by them. Although
they are written in small print, we hope you will agree that they are designed
to be fair to you and to us. We may change these from time to time by updating
this posting.
The following terms shall have
the following meanings: -
1.1. “Wine”
or “fine wine”: Wine,
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
We have selected our wines
which we believe represent the best quality and price. All have been properly
stored and come from reputable suppliers. We are able to offer high standards
of service and quality. Our fine wines are generally wines that require ageing
before consumption and are specified as such on our web site.
2.1. Price Promise
We guarantee great value.
Unfortunately, we cannot extend our price promise to our fine wines, as the
method of storage can heavily affect their price.
2.2. Quality
We only supply high quality
wines. You have the option to order one bottle first before ordering (a) full
case(s). We cannot offer a refund if you are not satisfied.
2.3. Availability
2.3.1. Wine is an agricultural
product and can run out from time to time. However we can guarantee to supply
at least one case of the wine you order at the price listed, or offer you a
better wine. If we cannot supply the wine at that price for any reason we won't
complete the order without agreeing it with you first. If you order a wine we
will do our best to supply it and at the price listed. If we cannot supply the
wine we will inform you as soon as possible.
2.3.2. The alcoholic content
and vintages, where shown, of the wine may vary from time to time due to
popular demand for our products, consumption often
outstrips supply causing frequent restocking. To meet this demand, our
producers may ship us a consecutive vintage.
2.4. Customer satisfaction
If you are dissatisfied with
our performance in any way, please contact our customer services department
immediately. We aim to deal with all enquiries fairly, confidentially and
quickly. We will acknowledge your contact within 24 hours of receipt of your
correspondence. We try to resolve most issues immediately, but where this is
not possible, we will keep you informed about progress
until a satisfactory resolution has been achieved. We are continually improving
our service, but if you have any particular ideas or suggestions about how we
can improve, please send them to: suggestions@bmcglobal.com
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
3.1. All
prices are quoted in pounds sterling, and may be per bottle or per case, as
marked. The prices include Value Added Tax (VAT), unless otherwise specified.
Any delivery charges are additional.
3.2. We accept
payment by Switch, Solo, JCB, Visa, MasterCard, Delta and American Express
(Amex).
3.3. All
products are offered subject to availability and are not despatched until full
payment is received.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
4.1. We won't
sell wine to anyone who isn't 21 years old or over (we follow the law). By placing
an order you confirm that you are at least 18 years old.
4.2. If you
are buying a case of wine as a gift - the recipient must also be over 21 years
old.
4.3. If our
couriers are in any doubt about the age of the recipient on delivery, they will
request some form of ID. If the person receiving the wine is unable to produce
appropriate ID, unfortunately our couriers will be unable to deliver the wine.
4.4. Once the
wine has been delivered, according to your original delivery instructions, it
becomes the recipient's responsibility.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
5.1. You need
not be concerned about shopping on the web. We use a state-of-the-art encryption
(128-bit) and technology for the transfer of credit card information. They are
not held in clear text on any web site. Additionally, we have security measures
in place to protect our customer database and access to this database is
restricted internally. If you prefer not to use credit cards online, you can
choose to send your credit card details separately by fax, post or telephone.
5.2. It is
your responsibility to protect your card from being disclosed to any third
party.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
6.1. Delivery
is £12.50 for daytime delivery, regardless of how many cases you order. We will
deliver as quickly as we possibly can. On our regular wines this is usually
within 5 working days, very often we have next day deliveries if ordered before
6.2. We
normally deliver from Monday to Friday,
6.3. If there
are any breakages, the carrier will need to collect the complete case including
the damaged contents. We cannot consider any claims for breakages unless the
breakage is stated on the documentation and the complete case is given back to
the carrier.
6.4. If we
have not attempted to deliver your wine within fourteen days of you placing an
order for one of our wines, then we will refund the delivery charge to set off
against your next purchase. To avoid any doubt, if the driver has left a card
because you are unavailable, then this will count as an attempted delivery.
6.5. You, or someone else if instructed by you, must sign upon delivery, we will not leave your order on your doorstep. You must examine and sign for your order on arrival. Your signature on the carrier's standard delivery documentation will be proof of delivery of your order referenced in any documentation.
6.6. International Deliveries: All shipments which cross
national borders must be cleared through Customs in the destination country
prior to delivery to the recipient. We can not hold responsible for any delay
in delivery (and related costs) if Customs is holding the shipment for
clearance. Duties and taxes may be assessed on the contents of shipments.
Duties and taxes are the responsibility of the recipient. We are not required
to make advance payment of duties and taxes and may require the recipient or
liable third party to pay prior to discharging any liability for duties and
taxes. We may elect to advance on behalf of the party responsible for payment
any duties and taxes as assessed by Customs. If Customs doesn't clear the
shipment, the parcel will be returned to us. The recipient or liable third
party will be responsible for payment of both the original delivery charges and
the return charges. We reserve the right to assess a surcharge. If we advances
any amounts as duties, taxes, return charges at either the original destination
or upon return, the recipient or liable third party shall be liable for such
amounts and all fees and surcharges related to our advancement of duties, taxes
and return charges. These delays are not covered by our money back guarantee.
6.7. If you
have any queries regarding delivery please contact us at delivery@bmcglobal.com
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
7.1. If you
have a voucher to redeem against the purchase of wine from us, the terms and
conditions on that voucher apply, and you agree to be bound by those terms and
conditions.
7.2.
Promotional vouchers can only be used on orders with a minimum value of £95
(excluding delivery).
Top of “Terms and Conditions – For “Wine”, “Champagne”
and “Liqueurs”
8.1. You may
cancel your order for any reason whatsoever if we have not already shipped your
order.
8.2. You must
call us on tel. (020) 7702 1528 and notify us by email on customer.service@bmcglobal.com
8.3. We shall
reimburse the price of the wine, excluding £10 administration charge, within 30
days from the date you notify us of the cancellation.
8.4.
Unfortunately, we are unable to reimburse the delivery charge when you have
exercised your right to cancel your order.
8.5. Nothing
in this clause shall affect your statutory rights as a consumer.
Top of “Terms and Conditions – For “Wine”, “Champagne”
and “Liqueurs”
9.1. You agree
and acknowledge that we own or are licensed to use all copyright, database
rights, trade marks and other intellectual property rights in and to all parts
of this web site, and to the business of BMC Global, including all software,
the structure, design and layout of the web site, the styles of the wines and
the electronic cellar.
9.2. You are
entitled to use our web site in accordance with these Terms and Conditions
only. You must obtain our prior written consent before you use our web site or
any part of it in any other manner.
9.3. All
persons, individual and corporate, are prohibited from providing hypertext or
other links to the bmcglobal.com web site, other than to our home page, from
their own web site or from a third party's web site, without our prior written
consent.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
10.1. We
warrant that the wines will be of satisfactory quality and fit for their
general purpose. Given the distinct nature of wines, do remember that their
maturation is a variable process and some wines may no longer be at their peak
at their time of consumption. Should this be the case, it will not amount to a
breach of warranty.
10.2. Other
than as stated elsewhere in these terms and conditions, all warranties,
conditions, terms and undertakings, expressed or implied, whether by statute,
common law, custom, trade usage, course of dealings or otherwise in respect of
the goods and services provided by us hereunder are hereby excluded to the
fullest extent permitted by law. Nothing in this Agreement shall affect your
statutory rights as a consumer.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
11.1. The
limitation of our liability to you for direct loss or other loss within the
reasonable contemplation of the parties at the time of your order will be
limited to £250 in respect of any one event or series of connected events.
11.2. Save as
provided in clause 11.1, we shall not be responsible to you for any indirect
consequential or economic or special loss or damage whatsoever or for any loss
of business, loss of contracts, loss of profits or use, any deletion,
corruption, destruction or loss or removal of data, loss of goodwill or loss of
reputation or any financial loss.
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
12.1. By
providing your details to BMC Global on our web site, you consent to BMC Global
maintaining, recording, holding and using the information you give BMC Global
at the time of ordering to process your orders, to improve our service to you
and inform you of promotions. All data is collected lawfully and maintained in
accordance with the Data Protection Act 1998.
12.2. Your
personal details may be passed to other BMC Global companies and also to third
parties where this is necessary for the purposes of processing your request.
From time to time, BMC Global and other BMC Global companies may send you
details of products, unless you have informed BMC Global that you do not want
your personal details to be used for this purpose by email to customer.service@bmcglobal.com.
Other than as stated in this policy, we will never wilfully disclose information
about you to any third party without first receiving your permission.
12.3. If you
have any questions regarding our privacy policy, please email us at customer.service@bmcglobal.com
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”
13.1. We shall
not be liable for any delay in or for failure to perform obligations if that
delay or failure is caused by circumstances beyond our control such as, but
without limitation, any strike, lock-out or other form of industrial action,
war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident, breakdown of plant
or machinery, fire, flood, storm or Act of God, difficulty or increased expense
in obtaining staff, materials, goods or raw materials, failure of ISP or
telecommunications provider in connection with the performance of this
Agreement.
13.2. This
Agreement does not confer or purport to confer on any third party any benefit
or any right to enforce any term of this Agreement.
13.3. We
reserve the right to modify these terms and conditions at any time and in any
way.
13.4. The sale
of the goods takes place only when specific goods are appropriated to the
contract.
13.5. These
terms and conditions shall be subject to English law and the exclusive
jurisdiction of the Courts of England and
Top of “Terms and Conditions – For “Wine”,
“Champagne” and “Liqueurs”