01506 844220

07814 468324

Terms & Conditions

Wildflower Wines Limited:  located at Unit 8 , Mill Road Industrial Estate, Linlithgow, EH49 7SF.

Customer: Any person, firm or company, acting in the course of business entering into an agreement with Wildflower Wines for the provision of Wine.

Goods: Any goods or other item which Wildflower Wines has agreed to provide the Customer.

Contract: Any contract between Wildflower Wines and the Customer for the provision of Goods, incorporating these terms and conditions.

Agreed Price: The price which the parties have agreed for the provision of the Goods to the Customer. If no price has been agreed in writing, it shall be deemed to be the most recent price identified for the Goods in Wildflower Wines'  website.


Delivery


1. Wildflower Wines shall use reasonable endeavours to deliver the Goods by the delivery date, however, on occasions reasons outside the control of the Company may affect delivery times. Wildflower Wines are not liable for any damages or costs incurred as a consequence of non-delivery of Goods by the agreed delivery date.

Payment


2. Unless otherwise agreed in writing, the Customer shall pay the Agreed Price in UK Sterling according to the payment terms stipulated on the invoice.

3. Payment to Wildflower Wines shall not be withheld or deferred on account of any actual or potential claim, counterclaim or set off (whether legal or equitable).

Retention of Title


4. The goods remain the legal and equitable property of Wildflower Wines (until the Agreed Price has been paid to Wildflower Wines). If payment has not been made, Wildflower Wines or Wildflower Wines' appointed agent shall have the right to take immediate possession and recover the goods.

5. If the Agreed Price has not been received, Wildflower Wines reserves the right not to deliver the Goods.

6. Where the Customer has failed to pay monies owing to Wildflower Wines, the Customer will be deemed in breach of this Contract or similar clauses regarding terms of payment in other contracts relating to the supply of Goods by Wildflower Wines to the Customer. If Wildflower Wines so decides not to deliver the Goods (or any of them), any monies paid by the Customer for those goods shall be refunded.

7. The risk of loss and damage shall pass to the Customer at the time of delivery of the Goods to the Customer’s premises or to another premises.

Defective Goods


8. The customer must notify Wildflower Wines in writing of Goods which are damaged, defective or otherwise not of merchantable quality within 7 days of receipt of the Goods. Alternatively notify us of any missing goods within the delivery (i.e. the Customer has received less goods than ordered) within 7 days of receipt of the Goods.

9. If the Customer fails to notify Wildflower Wines in accordance with Clause 8, the Customer shall be deemed to have accepted that the Goods are not damaged, defective or not of merchantable quality and that they were delivered in the amount specified in the order. If the reason for return is because the Customer considers that the Goods are damaged, defective or of unmerchantable quality but in fact, they are not, then Wildflower Wines shall have no liability and the Customer shall be liable for the Agreed Price.

10. Goods which the Customer considers to be defective, damaged, or otherwise not of merchantable quality must be returned to Wildflower Wines within the time frame stipulated in clause 8, with a ‘Goods Returned’ note which explains why it considers that the goods are defective, damaged or not of merchantable quality.

Exclusion of liability


11. Wildflower Wines' total liability to the Customer arising out of any breach by Wildflower Wines of this contract or by reason of any other cause of action which arises out of the condition or delivery of the Goods to the Customer (including any action based on pre-contractual misrepresentation, negligent misstatement, negligence or breach of statutory duty but specifically excluding any liability arising out of a fraudulent act) through the performance of the Contract shall be limited to the Agreed Price.

12. Any claim made against Wildflower Wines which does not fall within Clause 8 or 10 must be made in writing to Wildflower Wines within 3 months of delivery of the Goods.

13. Wildflower Wines warrants and only warrants that the goods are of merchantable quality. It will use reasonable endeavours to deliver the Goods by the delivery date where such has been agreed.

14. Wildflower Wines reserves the right not to fulfil any orders placed.  Every effort is made to despatch your order in one complete package.  However we cannot ensure we are always in stock of every item. Wildflower Wines reserve the right to cancel the item or replace it with a similar product in accordance with the customers wishes.

15. Nothing in these terms and conditions limits the liability of Wildflower Wines for death or personal injury caused by Wildflower Wines' negligence or fraudulent misrepresentation.

16. The Customer hereby agrees that the limitations and exclusions of Wildflower Wines' liability, as set out above, are fair and reasonable in all the circumstances.

Force Majeure


17. Wildflower Wines shall be discharged from any obligations to further perform this Contract, if performance of the Contract is prevented or delayed by any cause whatsoever beyond Wildflower Wines' control including, war, government control, restrictions or prohibitions or any other government act or omission, fire, subsidence, sabotage, accident, strike.

Cancellation

18. You may cancel your order for whatever reason, at any time, up to 14 days from the day after you receive our wine, provided all bottles are unopened, and intact.

19. If you want to cancel your order you must call us on 01506 844220, or email us on This email address is being protected from spambots. You need JavaScript enabled to view it. , or write to us at the following address: Wildflower Wines, Unit 8 Mill Road Industrial Estate, Linlithgow, West Lothian, EH49 7SF

20. We will reimburse the cost of the wine within 30 days (excluding delivery charges) from the date you notify us you want to cancel your order. It is your responsibility to hold onto the wine and take care of it until it is collected from you.

 

Agreement


21. These terms and conditions, including Wildflower Wines' payment terms, comprise the entire agreement between Wildflower Wines and the Customer.

22. There shall be no variation of the terms and conditions comprising the Contract unless agreed in writing by both parties.

23. If any of these terms and conditions are found to be invalid or unenforceable the remainder of these terms and conditions shall continue to have full force and effect.

24. The Contract shall be governed by and interpreted in accordance with Scottish Law and the Customer submits to the exclusive jurisdiction of the Scottish courts.