Terms of Use (Terms)

Wine and Grape Trading UK

Introduction

Welcome to Wine and Grape Trading UK (“We” or “Us”) and our community.

Our aim is to connect grape growers, winemakers, vineyards and brands in order to help people find what they want.

By accessing www.wineandgrapetrading.co.uk and its related websites, services, applications or tools (together referred to in these Terms as “Wine and Grape Trading UK”) you are agreeing to the following terms, including those available by hyperlink. These Terms are intended to make sure that Wine and Grape Trading UK works for all of its community members and stakeholders. Wine and Grape Trading UK is a trading name of and is provided to you by, Defined Wine Ltd (Company number 11696052), with offices at Highland Court Farm, Canterbury, CT4 5HL. These Terms constitute a legally binding agreement between you as a user or visitor and Us, and are effective commencing from your first use or other acceptance. You accept these Terms by clicking the “Create Account” button when registering a Wine and Grape Trading UK account and by otherwise accessing Wine and Grape Trading UK, including posting a listing and replying to a listing; or as otherwise indicated on Wine and Grape Trading UK.

Using or visiting Wine and Grape Trading UK

As a condition of your use of Wine and Grape Trading UK you agree that you will not:

violate any applicable laws including any policies We may put in place from time to time (e.g. privacy policy, posting policy);
post any threatening, abusive, defamatory, obscene or indecent material;
post or communicate any false or misleading material or message;
infringe any third-party rights;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm Wine and Grape Trading UK or the interests or property of Wine and Grape Trading UK users;
impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Wine and Grape Trading UK;
copy, modify, or distribute any other person’s content without their consent;
use any robot spider, scraper or other automated means to access Wine and Grape Trading UK and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
copy, modify or distribute rights or content from Wine and Grape Trading UK or Wine and Grape Trading UK’s and or its content or other licensors’ or other third party rights;
harvest or otherwise collect information about users, including email addresses, without their consent;
bypass or seek to bypass measures used to prevent or restrict access to Wine and Grape Trading UK; or
deploy any tool that interferes with the normal functioning of Wine and Grape Trading UK, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove or otherwise change any of Wine and Grape Trading UK’s functionalities;

You are solely responsible for all information that you submit to Wine and Grape Trading UK and any consequences that may result from your listings. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the Terms. We also reserve the right at our discretion to restrict a user’s usage of Wine and Grape Trading UK either temporarily or permanently, or refuse a user’s registration.

Constructive conduct on Wine and Grape Trading UK

Wine and Grape Trading UK and the Wine and Grape Trading UK community work together to keep Wine and Grape Trading UK working properly and the community safe. Please report problems, offensive content and policy breaches to us using the “Contact Us” link on the website.

Without limiting other remedies, we may issue warnings, suspend, limit or terminate our service, remove hosted content and take technical and legal steps to remove and or keep users off Wine and Grape Trading UK if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the Terms or our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Wine and Grape Trading UK or not, we do not have any obligation to monitor the information transmitted or stored on Wine and Grape Trading UK and we do not accept any liability for unauthorised or unlawful content on Wine and Grape Trading UK or use of Wine and Grape Trading UK by users.

We are not responsible for viruses and you must not introduce them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit an offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Fees / Services

Using Wine and Grape Trading UK is generally free, but we charge a fee for certain services. If the service you use incurs a fee, you will be able to review and accept these terms of use: these will be clearly signposted and disclosed at the time you post your listing. Our fees are quoted in UK Pounds Sterling, and we may change pricing from time to time. We will notify you of changes to our fee policy by posting such changes on Wine and Grape Trading UK. We may choose to temporarily change our fees for promotional events or new services.

You are responsible for paying the Wine and Grape Trading UK fees when they are due. If you do not pay fees when due, without prejudice to any other right or remedy we may be entitled to under these Terms or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection routes.

You acknowledge that your listings may be deleted from Wine and Grape Trading UK in case we believe these Terms, including our Posting Policy, are breached, either directly or indirectly. In case you would have paid a fee for the display of such listing, you may be entitled to a refund of such fee. However, we reserve the right not to refund Wine and Grape Trading UK users for any fees paid through use of Wine and Grape Trading UK especially where value has been received, and including in the following cases:

If in our reasonable opinion you breach these Terms;
If your listings went live on the Wine and Grape Trading UK site, services, applications or tools, including for a limited time, and these listings benefited from the service associated with the paid fee;
If you have removed your listings yourself;
If you post duplicate listings as defined in our rules regarding duplicate listings;
If We believe that your listings are in a materially incorrect category;
Please note that the above list is not exhaustive. See the Wine and Grape Trading UK More Info Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

In addition to the Wine and Grape Trading UK services, ancillary goods or services may be advertised on Wine and Grape Trading UK. Although users may offer products or services, Wine and Grape Trading UK is in no way involved or liable for any loss related to such transactions.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Content

Wine and Grape Trading UK is protected by copyright laws. Content displayed on or via Wine and Grape Trading UK is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Wine and Grape Trading UK without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Wine and Grape Trading UK. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Wine and Grape Trading UK (other than your own content). When you give us or upload content including user generated content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Infringement

You must not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes intellectual property rights such as copyright, design and trademarks. A large number of product offers of all sorts are offered on Wine and Grape Trading UK by private individuals. Appropriately entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request (reporting an infringement – below) for such content or advertisement to be removed via our “Contact Us” facility. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Wine and Grape Trading UK.

Reporting an infringement:

In order to report an infringement which may infringe on your property rights, you need to Contact Us.

Liability

Nothing in these Terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not undertake to review users’ listings and of course are not involved in the actual transactions between users. As most of the content on Wine and Grape Trading UK comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s described or offered.

In no event do we accept any liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or policies.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Wine and Grape Trading UK, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the level of any insurance cover we have in place from time to time.

Release of claims

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or community.

If you have a dispute with one or more Wine and Grape Trading UK users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (UK) to enforce any terms but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using Wine and Grape Trading UK, you agree to the collection, transfer, storage and use of your personal information by Wine and Grape Trading UK on servers located in Europe, North America and Asia as further described in our Privacy Policy. We will only use your personal information as set out in Privacy Policy.

You and Wine and Grape Trading UK shall process personal data received under and/or in connection with these Terms each as a separate and independent controller. In no event will Wine and Grape Trading UK and you process personal data under and/or in connection with these Terms as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Data Protection Act 2018 (UK) and the General Data Protection Regulation aka the GDPR) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Wine and Grape Trading UK exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms. You shall erase the personal data received under these Terms immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in legal action up to and including account suspension.

As part of the services, Wine and Grape Trading UK may have access to various information about users, including personal data. This includes information that users submit to Wine and Grape Trading UK as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).

When using Wine and Grape Trading UK and its related websites, services, applications or tools, you may receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as some aggregated data.

Wine and Grape Trading UK only shares information about users with third parties if this is necessary for the provision of the services or if Wine and Grape Trading UK is legally or contractually entitled to do so.

Upon expiry of these Terms and or your participation in the community, we will delete the information you provided, or which was generated through your use of the services from your Wine and Grape Trading UK account. Regardless, we may maintain this information after the expiry of these Terms if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g., statistics about listings in a category) upon expiry of these Terms.

For information regarding the processing of personal data by Wine and Grape Trading UK, including sharing such data with third parties and your rights as a data subject, please see our Privacy Policy.

Linking

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Resolution of disputes

If a dispute arises between you and Wine and Grape Trading UK, we strongly encourage you to first contact us directly to seek a resolution by going to the Wine and Grape Trading UK “Contact Us”. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These Terms and the other policies posted on or made available by Wine and Grape Trading UK constitute the entire agreement between Wine and Grape Trading UK and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

These Terms shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Wine and Grape Trading UK or Defined Wine Limited must be resolved by the courts of England and Wales. You and Wine and Grape Trading UK both agree to submit to the exclusive jurisdiction of the English Court;

If We do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date advised. Please contact us for historic versions of these Terms.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered post to Defined Wine Ltd, Highland Court Farm, Canterbury, CT4 5HL. We will send notices to you via the email address you provide, or by registered post. Notices sent by registered mail will be deemed received five days following the date of posting.

We may update these Terms at any time, with updates taking effect when you next post or 30 days after we post the updated details on the Wine and Grape Trading UK website, whichever is sooner. No other amendment to these Terms will be effective unless made in writing, signed by users and by Us.

For any help with using Wine and Grape Trading UK please see the Wine and Grape Trading UK More Info page.

Cookie	Duration	Description
_GRECAPTCHA	5 months 27 days	This cookie is set by Google. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis.
cookielawinfo-checbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
PHPSESSID	session	This cookie is native to PHP applications. The cookie is used to store and identify a users' unique session ID for the purpose of managing user session on the website. The cookie is a session cookies and is deleted when all the browser windows are closed.
Stripe	24hr	Enables the stripe payment gateway for processing online credit card transactions
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Cookie	Duration	Description
_ga	2 years	This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
_gat_gtag_UA_*	1 minute	This cookie is installed by Google Analytics. This describes if this specific cookie or localStorage is responsible for sharing, collecting or storing personal data.
_gid	1 day	This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visted in an anonymous form.