Partner Area
Connect with us
Terms and conditions of Sale
The Gondola website is operated by Wines4Business Limited, a wine distibution company operating in the B2C and B2B market place - "We" is referred to as Gondola or Wines4Business within our terms and conditions.
Price
- The price quoted includes VAT (unless otherwise stated). The rates of any VAT due and any other taxes and duties on the goods will be those applying at the time of delivery
- Our quotations lapse after 7 days (unless otherwise agreed)
- The price quoted excludes delivery (unless otherwise stated).
- Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
- At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
Delivery
- All delivery times quoted are estimates only.
- If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
- You may not cancel if we receive your notice after the goods have been dispatched; and
- If you cancel the contract, you can have no further claim against us under that contract.
- If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
- We may deliver the goods in instalments. Each instalment may be treated by us as a separate contract.
Delivery and safety
- We may decline to deliver if:
- We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
- The premises (or the access to them) are unsuitable for our vehicle.
Payment terms
- Orders will be despatched only once we have received cleared funds
- Unless otherwise agreed if you have an approved business credit account, payment will be collected by monthly direct debit (allowing you about 30 days after the date of our invoice) unless otherwise agreed in writing.
- If you do not wish to pay your credit account by direct debit then we may (at our absolute discretion) accept payment by other means if made within 30 days of our invoice.
- If you fail to pay us (or we cannot collect by direct debit) in full on the due date:
- We may suspend or cancel future deliveries;
- We may cancel any discount offered to you;
- You must pay us interest at the rate equivalent to that set for the purposes of s6 of the Late Payment of Commercial Debts (Interest) Act 1998:
- Calculated (on a daily basis) from the date of our invoice until payment;
- Compounded on the first day of each calendar month; and
- Before and after any judgement (unless the court orders otherwise).
- If you fail to make payment in the instance where a cheque payment or direct debit arrangement being dishonoured or cancelled you must pay an additional administration charge of £25.00 plus VAT.
- If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
- You do not have the right to set off any money you may claim from us against anything you may owe us.
- We have the right to set-off any amounts due to us from you against any amount you may owe us.
- While you owe money to us, we have a lien on any of your property in our possession.
- You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms
Title
- Until you pay all debts you may owe us:
- All goods supplied by us remain our property;
- You must store them so that they are clearly identifiable as our property;
- If your right to use and sell the goods ends you must allow us to remove the goods.
- We have your permission to enter any premises where the goods may be stored:
- At any time, to inspect them; and after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
- Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
- Unless otherwise agreed you are not our agent and you have no authority to make any contract on our behalf or in our name.
Risk
- The goods are at your risk from the time of delivery.
- Delivery takes place either:
- At our premises (if you are collecting them or arranging carriage); or
- At your premises (if we are arranging carriage).
- If any goods are damaged (or not delivered), you must contact us within 5 working days of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.
Returns Policy
Despatch error
- In the event of an incorrect delivery we offer a full refund or replacement of goods upon receipt of the returned items. We must be advised within 7 working days of despatch.
Damaged in transit
- Should you, upon receipt, find that any of the goods have been damaged in transit we offer a full refund or replacement of goods. We must be advised within 3 working days of despatch
Faulty goods
- Should you find that any of the wine is in "faulty" condition (i.e. corked) we offer a full refund or replacement of goods upon receipt of the "faulty" items. We must be advised within 5 working days of despatch
Order cancellation
- For whatever reason, any order maybe cancelled within 7 working days of despatch. We offer to refund the value of the order less any costs incurred in collection of return. Any request to cancel an order must be made in writing and addressed to the customer service manager at
Gondola
Network House
Globe Park
Marlow
Buckinghamshire
SL7 1EY
- Or email us at sales@gondola.co.uk
Sale or return policy
- Sale or return orders are subject to a minimum order value of £1,000.00. All goods returned must be in a re-sellable condition. A maximum of 20% of the original order quantity may be returned. Should you wish for the goods to be collected a minimum charge of £25.00 will apply.
Return of goods
- Unless otherwise agreed we will accept returns from you only if you comply with the returns policy of the appropriate manufacturer or supplier of the goods and with the returns clause)
- We will not accept the return of goods from you except:
- By prior arrangement (confirmed in writing);
- On payment of an agreed handling charge (unless the goods were defective when delivered); and where the goods are as fit for sale on their return as they were on delivery
Cancellation
- If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
- We may suspend or cancel the order, by written notice if:
- You fail to pay us any money when due (under the order or otherwise);
- You become insolvent;
- You fail to honour your obligations under these terms.
- You may not cancel the order unless we agree in writing (Delivery and cancellation clauses then apply).
Waiver and variations
- Any waiver or variation of these terms is binding in honour only unless:
- Made (or recorded) in writing; signed on behalf of each party; and expressly stating an intention to vary these terms.
- All orders that you place with us will be on these terms (or any that we may issue to replace them).
Force majeure
- If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
- Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
General
- English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
- If you are more than one person, each of you has joint and several obligations under these terms. If any of these terms are unenforceable as drafted:
- It will not affect the enforceability of any other of these terms; and if it would be enforceable if amended, it will be treated as so amended.
- We may treat you as insolvent if:
- You are unable to pay your debts as they fall due; or
- You (or any item of your property) become the subject of:
- Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements {including a moratorium} or bankruptcy);
- Any application or proposal for any formal insolvency procedure; or
- Any application, procedure or proposal overseas with similar effect or purpose.
- All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
- Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other's registered office or principal place of business. All such notices must be signed.
- No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
- The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
- Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or which expressly state that you may rely on them when entering into the contract.
- Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
- You must inform us as soon as possible in the event of any change (or proposed change) of control, (as defined in s.840 Income and Corporation Taxes Act 1988) or any change of name or trading name. If we believe that such a change puts our business at risk, we have the right, upon giving you written notice, to terminate the contract between us. That termination will not affect our other rights under the contract or end any of your outstanding liabilities.
Terms and Conditions of Website
Welcome to the Gondola Website terms and conditions for use. These terms and conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. If there is anything you do not understand please feel free to e-mail any enquiry to us at sales@gondola.co.uk or call us on 08701 261088. Gondola gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our Website or to use a representation of the company's trademarks as a link button without the express agreement of Gondola.
Communication
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
- Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
- Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
- The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
Use of the Website
Access
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
Your obligations
- You agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
- Agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
- Will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- Will not attempt any unauthorised access to any part or component of the Website; and,
- Agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
Indemnities
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.
Our rights
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
- We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
- We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Third party links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
Definitions
- Conditions" means these terms and conditions and the "Special Conditions";
- "Goods" means goods displayed for sale on the Website;
- "Online Sales" means sales of Goods and Services conducted through the Website;
- "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
- "Services" means services displayed for sale on the Website;
- "Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1;
- "Users" means the users of the Website collectively;
- "User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;
- "Website" means the website located at Gondola or any subsequent URL which may replace it; and
- "You/Your" means a user of the Website.