Terms & Conditions

If you are concerned about the amount that you’re drinking then why not visit alcoholconcern.org.uk?
Alcohol Concern was founded in 1984 as the national charity working to help reduce the problems that can be caused by alcohol.
They do this by helping people with information, advice and support with their questions about drinking and the problems that can sometimes be caused by alcohol.
Their big aim is to create a society in which alcohol does no harm.

 

1. Product Terms & Conditions

(These T&C’s govern the sale of our product to our customers)

 

WELCOME TO OHSOMM.COM.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY FOR FUTURE REFERENCE ALONG WITH YOUR ORDER CONFIRMATION. 

Thank you for visiting our website www.ohsomm.com. We hope it tells you all you need to know about our business and how to order our products but if you need to know more, please contact us using the details below.

WHO WE ARE AND HOW TO CONTACT US

We are Mewine Limited trading as (“Ohsomm”), a company registered in England at Harwood House, 43 Harwood Road, London, United Kingdom, SW6 4QP with company number 10230953. Our VAT number is 250 4641 30. You can also contact us at [email protected]

WHY YOU NEED TO READ THIS

We know it’s the small print that no one likes to read. But it’s important to us that you do and it also gives you information that you might need in the future. These Product Terms (“Terms”), together with our order confirmation, our privacy policy and any other documents referred to in them and our Website Terms, set out who we are, the basis on which we interact with one another and comprise all the terms of the contract between us for the products described on the website. We set out how you can order products from us and your rights when you do so, what each of us are responsible for and a bit of information about us and how the website operates.

 

BEFORE WE GO ON….

Updates: We may need to update these Terms and our website at any time and without notice, so be sure to check these Terms regularly. If we have your e-mail address, we may notify you of a change to the Terms.

Suspension of your account: We may have to suspend your access to the site or in extreme circumstances such as emergency maintenance, take the website down for a period but where possible, we will try and give everyone advance notice of this.

Condition of use: We’re sorry but it is a condition of using our site that you need to agree with these Terms. If you don’t, please do not use the site.  By using the site, you are agreeing to these Terms and our Privacy Policy. We recommend that you print a copy of these Terms for future reference.

At present, we only sell our products to the UK. If you choose to use our website from outside the UK, we do not represent that content available on or through our site is appropriate for use or available in other locations and so you do so at your own risk. Your country may have different laws affecting this service to the UK and we cannot guarantee that we comply with them. Please contact us at [email protected] if you wish to purchase wine for export from the UK.

 

  1. OUR PRODUCTS

1.1        Products may vary from their images on our website which are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display of the products accurately reflects them and there may be minor discrepancies. The packaging of the product may also vary slightly from that shown in images on our website.

 

  1. ORDERING OUR PRODUCTS

2.1         Please check your order carefully before placing it. It is your responsibility to check that your order is accurate and to supply all relevant information which is necessary to complete the order. We cannot sell alcohol to anyone under the age of 18. By placing an order, you are confirming that you are at least 18 years old and that you are not buying alcohol for someone who is under 18 years old. If we are not sure that you are 18 or over when your products are delivered, we may ask for proof of your age before we will complete the delivery. If we have to return to deliver the products, this may incur additional charges.

2.2         Our acceptance of your order will take place when we email you to accept it , at which point a contract will come into existence between you and us.

2.3         If we are unable to accept your order, we will inform you of this by email or telephone and within 30 days, we will re-credit your account with the amount of the order using the original payment method given to us. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or do not deliver to your area.

2.4         We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

  1. PRICE AND PAYMENT

3.1         The prices payable for products that you order are as set out in our Website. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3.7 for what happens if we discover an error in the price of the product you order.

3.2         All prices are in UK Sterling and are inclusive of Value Added Tax, unless otherwise specified. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

3.3         The delivery charge to most locations on the UK mainland, excluding those listed below, is listed on our website from time to time (including VAT). Locations where delivery prices may vary from this are:

  • Zone 2: The Highlands and Islands of Scotland – postcodes IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, Ph40-44, PH49-50, ZE
  • Zone 3: Northern Ireland, Isle of Man and Isles of Scilly – postcodes BT, IM TR21-25

Please contact us on [email protected] if you’d like to order a delivery to one of these locations and we will gladly sort this out.

3.4         We reserve the right to increase the price of the products from time to time.

3.5         We only accept payment via Fidelity Sage Pay or via PayPal, our payment processors.

3.6         Once full payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order page at the ‘Checkout’.

3.7         It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

 

  1. CHANGING YOUR ORDER

4.1         If you wish to make a change to your order other than cancelling your contract, please contact us at [email protected] We will then confirm if we are able to accommodate the changes and the effect on your order.

 

  1. CANCELLATION RIGHTS

5.1         You may cancel your order at any time up to the end of 14 days after you receive the products, provided the bottles are in their original condition and wrapping, are not opened and the seals on the bottles are intact. Therefore please take care when unpacking products and repacking.

5.2         You cannot cancel your order if:

5.2.1     the products you have ordered have been made specifically to your order and customised (this will include any customised labels)

5.2.2     the products have been opened by you; or

5.2.3     the products have been altered or damaged by you in any way.

5.3         If you have any questions or complaints about the product, please notify us by email at [email protected]

5.4         If you wish to cancel your order, you must send the products back to our contact address given at the start of these Terms for the attention of our returns team at your own cost and risk and within 14 working days from delivery.

5.5         Nothing in this clause 5 affects your right to return defective goods – please see clause 10 below.

 

  1. REFUNDS

6.1         Within 30 days of our receipt of your notice that you wish to return the products ordered and provided we have received the products within this period, we will re-credit any amounts paid by you to us for the order using the original payment delivery method you gave to us when you placed the order.

6.2         We will pay the costs of return:

6.2.1     if the products are faulty or mis-described; or

6.2.2     if you are cancelling the order because of an error in pricing or description or a delay in delivery due to events outside our control or which is longer than 30 days from the date of order.

6.3         In all other circumstances you must pay the costs of return.

6.4         The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 48 hours at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

  1. DELIVERY

7.1         The costs of delivery will be as displayed to you on our website.

7.2         ParcelForce will deliver your order.  Delivery will be made as soon as possible after your order is accepted and we will aim to meet the delivery timings that you select.  We will always reserve the right to deliver only to the main entrance of the delivery address, we may carry out age-verification checks and will not deliver alcohol to drunk people. Deliveries will only made to persons who are 18 years of age or over and anyone who appears to be under the age of 25 years will be asked to provide photographic id such as a driving licence or passport. If a person is not able to produce such form of ID, this will result in the items being returned to the seller at the customer’s expense

7.3         If your order is a bespoke order, these can be delivered a minimum of 48 hours after you place your order with us if you select the ‘express48 service’ and as we are a new firm, providing a bespoke service, we will deliver your order to you in no more than 4 working days.  We aim to offer the ‘express24 service’ in the next month or two.

7.4         Please note that at those times of the year when high volumes of orders are being placed, e.g. Christmas, Easter etc., we cannot always guarantee delivery within the usual timeframe. If your order is an emergency then please contact [email protected] as we may be able to arrange a weekend, 9am, 10am or courier service at an additional price to be agreed.

7.5         ParcelForce will normally deliver between 9am and 5pm, Monday to Friday. If a recipient is not present to accept delivery or we cannot gain access to your property, ParcelForce will leave a card where possible and make an attempt to deliver again the following working day. If the second attempt fails, the item will be stored at the local post office for 16 days for collection, after which it is returned to us. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel and refund your order less any costs due to us under this clause.

7.6         You may choose to collect the products ordered direct from our Ohsomm office. Please email [email protected] to make payment and arrange at a mutually convenient time.

7.7         We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. Events outside our control include but are not limited to: national strikes and lock outs, acts of terrorism, failure of utilities, failure of external suppliers, failure of ISP or telecommunications providers, malicious damage, acts of God, fire, flood or storm, war, riot, civil commotion, compliance with any law or government order, rule, regulations or direction, explosion or accident.

7.8         We currently only offer delivery to ParcelForce Zone 1: he UK mainland, Zone 2: The Highlands and Islands of Scotland – postcodes IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, Ph40-44, PH49-50, ZE and Zone 3: Northern Ireland, Isle of Man and Isles of Scilly – postcodes BT, IM TR21-25. We cannot guarantee an international delivery but should you have long lead times and would like a large order delivered internationally then please contact us on [email protected] and we’d be very happy to discuss your requirements.

 

  1. RISK AND TITLE

8.1         Risk in and title to the products you order will pass on delivery or when you collect your order directly from us.

     

    9. BESPOKE PRODUCTS & LABEL POLICY

9.1. ACCESS TO SPECIFIC LABELS FOR EACH WINE: Not all of our wines may have all of our label options. And not all labels may be customised. The reason in each case will likely lie with the restrictions placed on us by the origin trademark authorities of each wine.

9.2. TYPOS & OTHER ERRORS IN CUSTOMISATION: Please verify that you have customised your product as you wished by thoroughly reviewing your product in the cart before you check out. Each customer is responsible for ensuring the correct customisation of the product that they have purchased. We do not take any responsibility for typos, spelling mistakes or any other mistake that may occur in the customisation which is entirely managed by our customers. We do not provide returns or refunds for these.

9.3  ETHICAL COMPLIANCE: Our Brand believes in the respectful treatment of all living things. Yes, from the grapes (crushed gently) to the animals to other human beings. We entice our customers to keep their sense of humour but always be positive in their customization. No customization that may be considered offensive to a third party will be accepted. If we consider any customization to be potentially offensive, in consequence even potentially harming our brand or creating a legal liability, we may cancel your order and charge you for the price of the order or our costs incurred to date on your order request, whichever is the lower. We will not be responsible for supplying the products late or not supplying any part of them if the delay is caused by you.

9.3  LEGAL COMPLIANCE: If we are making the product to a specific request for customisation that you have given us you are responsible for ensuring that this request is legal and the information you give us is correct.  You hereby indemnify us for all legal and third party costs arising out of any breach of this clause. If we need further information from you to fulfil your order and you do not supply this information within the timeframe we reasonably request, we may cancel your order and charge you for the price of the order or our costs incurred to date on your order request, whichever is the lower. We will not be responsible for supplying the products late or not supplying any part of them if the delay is caused by you.

     10          DEFECTIVE PRODUCTS AND OUR LIABILITY TO YOU

10.1       We are under a legal duty to supply products that are in conformity with this contract in that they must be fit for any particular purpose made known to us, match the description given to you (apart from minor discrepancies as outlined in clause 1.1), they must be of satisfactory quality and they must be supplied with reasonable skill and care. If you have a complaint regarding wine supplied by us to you then please retain the affected bottles and have these available to return to us if requested before a refund or replacement can be made. In this case the collection and replacement costs will be borne by Ohsomm.

10.2       We will respond to any complaints as soon as possible and will endeavour to resolve most issues within 2 working days. We will keep you informed of progress until a satisfactory resolution has been reached.

10.3       If you have received defective products or your order has not been fulfilled in whole, you may cancel the order and request a refund. In this event, our only obligation is, at your option:

10.3.1   to make good any shortage or non-delivery;

10.3.2   to replace or repair any products that are damaged or defective; or

10.3.3   to refund to you the amount paid by you for the products in question and our liability to you in connection with any order will not exceed the total price we charged you for the relevant items.

10.4       Nothing in these Terms shall exclude Ohsomm’s liability for personal injury or death caused by negligence.

10.5       Subject to clause 10.4, we will not be liable for loss or damage caused by the customer handling the products and in particular, we will not be liable for spillages or breakages that occur after delivery. Please be aware of the following in particular:

10.5.1   Our cases of wine are heavy and so please take care when lifting and moving them. It may be best to move only one or two bottles at a time;

10.5.2   Our wine can cause staining so please take care if any is spilt;

10.5.3   Sparkling wines and champagnes contain a build-up of gases in the bottle and so please take care when opening;

10.5.4   Please ensure that the packaging has not become damp before lifting the bottles out as this may split the packaging;

10.5.5   Please drink responsibly as excessive alcohol consumption can be dangerous.

10.6       We are liable (up to the limits set out in this clause) for foreseeable losses you may incur as a result of our breach of these Terms. This means losses that were obvious or which we had discussed during the sale process. We will not be liable for other losses such as any indirect or consequential losses arising from our contract with you and neither will we be liable for any economic losses (whether direct or indirect) such as but not limited to: loss of profits, loss of business or loss of goodwill. We only supply the products for domestic and private use.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our Website. The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.

10.7       Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.

10.8       Please refer to clause 6 (Refunds) and clause 10.1 above for details of how to return defective products.

 

  1. OTHER IMPORTANT TERMS

11.1       Assignment: We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.

11.2       Severance: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.3       Governing law and jurisdiction: These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. This clause shall govern all disputes relating to our obligations (whether contractual or not).

 

 

2. Website Terms & Conditions

(These T&C’s govern the access and use of our website)

 

WELCOME TO OHSOMM.COM.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE EXPLORING OUR WEBSITE.

 

Thank you for visiting our website www.ohsomm.com. We hope it tells you all you need to know about our business but if you need to know more, please contact us using the details below.

WHO WE ARE AND HOW TO CONTACT US

We are Mewine Limited trading as (“Ohsomm”), a company registered in England at Harwood House, 43 Harwood Road, London, United Kingdom, SW6 4QP with company number 10230953. Our VAT number is 250 4641 30. You can also contact us at [email protected]

WHY YOU NEED TO READ THIS

We know it’s the small print that no one likes to read. But it’s important to us that you do and it also gives you information that you might need in the future. These Website Terms (“Terms”), together with our order confirmation, our privacy policy and any other documents referred to in them and our Product Terms set out who we are, the basis on which we interact with one another and comprise all the terms of the contract between us. We set out here what each of us are responsible for and a bit of information about us and how the website operates.

BEFORE WE GO ON….

Updates: We may need to update these Terms and our website at any time and without notice, so be sure to check these Terms regularly. If we have your e-mail address, we may notify you of a change to the Terms.

Suspension of your account: We may have to suspend your access to the site or in extreme circumstances such as emergency maintenance, take the website down for a period but where possible, we will try and give everyone advance notice of this.

Condition of use: We’re sorry but it is a condition of using our site that you need to agree with these Terms. If you don’t, please do not use the site. By using the site, you are agreeing to these Terms and our Privacy Policy. We recommend that you print a copy of these Terms for future reference.

At present, we only sell our products to the UK. If you choose to use our website from outside the UK, we do not represent that content available on or through our site is appropriate for use or available in other locations and so you do so at your own risk. Your country may have different laws affecting this service to the UK and we cannot guarantee that we comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

 

  • 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. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

  • 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.

 

OUR INTELLECTUAL PROPERTY

 

  • We own or are licensed to use all the intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

  • The key thing here is that you can’t use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

 

  • You can do things to our site for personal use: you may print off one copy of the pages of our site and you may download extracts, of any page(s) from our site. But when you take anything from our site, you must not change it whether it’s in hard copy or digitally. You also must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Whenever you refer to our site or any content on it, you must remember to identify us (or any third party contributors we have identified) as the author.

 

  • You are welcome to (in fact, we positively encourage you to) link to the home page on our website (for example to tell your friends about our fabulous products) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and that it is not for commercial purposes. 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. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

 

  • If you breach these rules, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  • You are not permitted to use any of the brands on our website or of our products without our approval, unless they are part of material you are using as permitted above.

 

 

THINGS WE ARE NOT RESPONSIBLE FOR

 

  • Content: We obviously try and ensure the content on our website is as accurate as possible. However, we don’t charge you for accessing our website and the content on our site is provided for general information only. We cannot promise you by making any warranties, representations or guarantees that the content on our site is accurate, complete or up to date. We don’t think there is likely to be much advice on this site but in case there is, please don’t rely on it without taking independent advice.

 

  • Third party links: Sometimes we may link to a third party site. For example, where we are conducting a joint promotion. Or where we think you might be interested in information on that site.  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 as we cannot control the content of those sites. If you are unhappy with any links to or from our site, please contact us at [email protected]  so that we may consider removing the links complained of.

 

  • User Generated Content: It is possible that our website may contain user generated content from time to time. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at [email protected]

 

  • Viruses: We are not responsible for any bugs or viruses on this site. We do our best but no one can guarantee that a website is safe from hackers and viruses. Please use your own virus protection software to protect your information technology and devices. We hope this is obvious but 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 a criminal offence. 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.

 

  • Loss or damage you suffer: The laws on what we can legally exclude liability for vary depending on whether you are a consumer or business user. Please read the section that applies to you below. In either case, we clearly do not exclude or limit in any way our liability to you where it would be unlawful to do so. So you know, though we can’t imagine how this would happen, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

 

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. This means please read these Terms because we don’t mean to imply any others.
  • We’ve said it above but for the sake of completeness, this is a free website. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

If you are a consumer user:

 

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

OTHER IMPORTANT TERMS

Assignment: We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.

Severance: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Governing law and jurisdiction: These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. This clause shall govern all disputes relating to our obligations (whether contractual or not).

Thank you for visiting our site.