TERMS AND CONDITIONS OF USE

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Morrish & Banham Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Morrish & Banham Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Morrish & Banham Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

1. All Content included on the Website, unless uploaded by Users, is the property of Morrish & Banham Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
   1. retrieve, display and view the Content on a device
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Morrish & Banham Ltd.

Prohibited Use

4. You may not use the Website for any of the following purposes:
   1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
   2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
   3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to Other Websites

9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Morrish & Banham Ltd or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

12. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.morrishandbanham.com/privacy-policy-cookies/and https://www.morrishandbanham.com/privacy-policy-cookies/.

Availability of the Website and Disclaimers

13. Any online facilities, tools, services or information that Morrish & Banham Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Morrish & Banham Ltd is under no obligation to update information on the Website.
14. Whilst Morrish & Banham Ltd uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
15. Morrish & Banham Ltd accepts no liability for any disruption or non-availability of the Website.
16. Morrish & Banham Ltd reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

17. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
18. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19. To the maximum extent permitted by law, Morrish & Banham Ltd accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

Availability of stock

20. Wine is a product subject to vintage changes. While we make every effort to supply the vintage ordered, we reserve the right to provide an alternative vintage of comparable quality and cost. This clause does not apply to fine wine purchase, over £30 in value per bottle.

Customer Satisfaction

21. If you are dissatisfied with our performance in any way, please contact our customer services department immediately at 07775635223. At Morrish & Banham, we strive to handle all inquiries fairly, confidentially, and efficiently. We will acknowledge your inquiry within 24 hours. Most issues are resolved immediately, but if further investigation is required, we will keep you updated until a satisfactory resolution is achieved.

Prices and Payment

22. Pricing
    All prices are quoted in pounds sterling and may be per bottle or per case, as indicated. Prices include Value Added Tax (VAT) at the prevailing rate unless otherwise specified. Delivery charges are additional.
23. Payment Methods
    We accept payment via PayPal, Apple Pay, Switch, Delta, Electron, Visa, MasterCard, and American Express.
24. Description and Price of Goods
    We make every effort to ensure the accuracy of prices and product descriptions on our website at the time of order placement. The price displayed on the checkout page at the time of purchase is the amount you will be charged, along with any applicable delivery fees. In the unlikely event of a pricing error, and we identify this before accepting your order, we are not obligated to sell the goods at the incorrect price. If a pricing error occurs, we will notify you as soon as possible and provide the option to confirm your order at the correct price or cancel it. For further details, please contact us at caroline@morrishandbanham.com.

 Age Restriction

25. We will not sell wine to anyone under 18 years old. By placing an order, you confirm that you are at least 18 years old.
26. If you are purchasing wine as a gift, the recipient must also be over 18 years old.
27. If our couriers have any doubt about the age of the recipient upon delivery, they will request identification. If the recipient is unable to produce appropriate ID, our couriers will be unable to leave the wine.
28. Once the wine has been delivered according to your original delivery instructions, it becomes the recipient’s responsibility. This does not affect your right to a replacement case if it is stolen.

Returns & Cancellations

29. If some or all bottles of wine in a case are broken or spoiled upon delivery, you must notify us within five days of receipt. We reserve the right to request evidence of the fault and/or collect the faulty bottle for inspection. You may choose to return either the whole case or just the affected bottles for a refund.
30. You may cancel your order for any reason if the order has not yet been dispatched or is within seven working days from the day after you receive your wine, provided all bottles are unopened, intact, and returned in good condition. If you change your mind and wish to return your order, we will arrange a collection, which may cost £9.95. Your order will be refunded once the collection has been received and checked at our warehouse. To cancel your order, please call us on 07773635223, notify us by email at caroline@morrishandbanham.com.
31. You must notify us of all wines due to be returned for any of the reasons stated in this clause within 30 days from delivery. You can call us on 07775635223, notify us by email at caroline@morrishandbanham.com.
32. Nothing in these Terms and Conditions affects your statutory rights relating to faulty or misdescribed goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizens Advice Bureau.

General

33. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
• These terms and conditions, together with the Privacy Policy and Cookies Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
• The Contracts (Rights of Third Parties) Act 1999shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
• This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh

Privacy & Consent Notice:
By entering our  competitions, you consent to your personal details being stored securely in our database. By signing up, you also agree to receive occasional newsletters and updates from us via email. Your information will be handled in accordance with our Privacy Policy, and you may unsubscribe at any time using the link provided in our communications.

 Morrish & Banham Ltd Details

40. Morrish & Banham Ltd is a company incorporated in England and Wales with registered number 15640153 whose registered address is LONG BREDY, DORCHESTER, DORSET, DT29HW and it operates the Website morrishandbanham.com. The registered VAT number is 465264870.  You can contact Morrish & Banham Ltd by email on caroline@morrishandbanham.com.