Last updated: 8th October 2021

1. WELCOME

1. Terms. Thank you for visiting WineSpark. These are the terms and conditions (“Terms”) applying to visitors to our website www.winespark.com (the “Site”), to subscription as a member of WineSpark, and to the sale of products to you from our Site.
2. Who we are. The Site is owned and operated by WineSpark Limited trading as WineSpark, a company incorporated under the laws of Ireland, with a company registration number 684937 and registered address at Unit 11, 6/7 Marine Road, Dun Laoghaire, Co. Dublin (“we”, “us” or “our”). Our VAT number is 3743047CH.
3. You. When we say “you” or “your”, we mean any person who visits, accesses or uses the Site. You confirm that you will use the Site for your own personal and domestic use and will not use it for any commercial or business purposes.
4. Agreement. By accessing or using the Site, you confirm that you have read and accept the Terms, and are agreeing to comply with the Terms. When accessing and using the Site you must comply at all times with these Terms and with all applicable laws. If you do not agree with the Terms, you must not access or use the Site.
5. Other policies. As well as these Terms, please also read our Privacy Policy to understand how we collect, use and share information about you and our Cookie Policy to understand how we use cookies within the Site.
6. Contacting us. If you want to learn more about WineSpark or have any questions for us, please do not hesitate to contact us. By sending us suggestions or other feedback regarding the Site, you agree that we can use and share that feedback for any purpose without payment or obligation.

2. YOUR ACCEPTANCE

1. By purchasing a subscription or placing an order for alcohol on the Site:
1. You confirm that you have read, understand and accept these Terms;
2. You represent and warrant that you are at least 18 years old and legally permitted to purchase and consume alcohol;
3. You warrant that you are legally capable of entering into a binding contract; and
4. You are resident in the Republic of Ireland or Northern Ireland.
2. You confirm that all information you provide when interacting with the Site is accurate, up-to-date and correct and you will keep that information up-to-date.
3. If our age verification process reveals that you are under 18 years of age, we reserve the right to cancel any subscription and to refuse to supply products to you. 

3. CREATING A MEMBER’S ACCOUNT

1. The products and services on our Site are reserved for members. By purchasing a monthly subscription from us, you will become a WineSpark member (‘Member’) and you will be required to provide us with your name and address, contact details, date of birth and other details. As we are selling age restricted products, we will need to verify your age in order to set up a Member’s account.
2. You are responsible for keeping your username and password safe and secure. You must immediately tell us if at any time someone else learns your username and password. You are responsible for all activity on your account and anything that happens using your username or password. If you believe that your account has been misused, you must tell us immediately.
3. As a Member, you undertake to promptly update your account and other information, including your email address and payment card numbers and expiration dates, as necessary so that we can complete your order and transactions and contact you as needed. 

4. SUBSCRIPTION TERMS FOR MEMBERS 

1. There is no minimum commitment period for a WineSpark subscription. You can cancel your monthly subscription to WineSpark at the end of any month, without penalty or fees. We would ask that you send notice to hello@winespark.com 3 or more days before the end of your monthly subscription period to let us know that you are not continuing your subscription.
2. Your subscription will automatically continue, and we will bill your monthly subscription fees to your payment method, until you cancel your subscription or we terminate your subscription.
3. We will charge your payment method on the calendar day corresponding to the start of your initial subscription for the supply of the subscription services or the nearest possible corresponding calendar day.
4. If you do not pay your subscription payment for the next billing period, or you breach any of the Terms, we reserve the right to terminate your membership subscription immediately.
5. If our payment provider notifies us that your payment has failed, we will contact you so that you can provide us with an alternative payment method.
6. Subscription payments are non-refundable, except that you may cancel your subscription within 14 days (i.e. “the cooling-off period”) of your first subscription payment. If you start to avail of the membership services during the cooling-off period, for example joining an online seminar or ordering wines only available to members, you will lose your right to cancel your subscription. If you wish to cancel your subscription within the cooling-off period, contact us at the details provided above, or by using the Model Cancellation Form.
7. We reserve the right to decline to supply the subscription services to any individual or company.

 5. ORDERS AND DELIVERY 

1. Nothing on the Site constitutes an offer to sell any Product shown. All orders are an offer by you to buy products in accordance with these Terms, which we may accept or reject as outlined below.
2. The Site provides a description of each product. You may place an order for products through our Site. When placing an order, you will need to supply us with your name, email address, billing and delivery information in order to complete the order. You can edit this information at any time before submitting your order.
3. You will not be able to purchase and receive wine from the Site outside of licensing hours, and any orders placed for products will not be processed nor sales made until our next opening hours.
4. The point of sale occurs in the Republic of Ireland. 
5. You acknowledge and agree that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol products on behalf of any person who is under the age of 18.
6. You acknowledge and agree that the delivery company/driver may be obliged to refuse to complete delivery of alcohol products if the recipient is already drunk i.e. drunk to a level that risks putting yourself or anyone else at risk.
7. When you place an order for wine or any alcohol, you will be required to verify on the Site before finalising your order that you are over 18 years old and can present a valid and acceptable ID on delivery. This could be a Garda National Age card, passport or EU driving licence that is in date.
8. If the product is undeliverable, you will be able to arrange another delivery date. After two failed delivery attempts, we will reach out to you directly with a view to making alternative delivery arrangements. After three failed delivery attempts, we reserve the right to cancel your order.
9. When you place an order, we will send you a confirmation email which sets out your order number.
10. You are responsible for the accuracy and completeness of any orders you place. We are not responsible for any incorrect or incomplete orders you place.

6. PRICING AND PAYMENT

1. The prices for goods displayed for sale on the Site are inclusive of VAT and duty at rates valid as of time of purchase. Where additional charges are made for delivery, they are clearly displayed.
2. At the time you make your purchase you must pay the applicable price listed on the Site plus the delivery charge. Our third party payment services provider accepts payment by most major credit / debit cards.
3. When you give us your credit or debit card details you are confirming that: (i) you are: the card holder; or (ii) you have permission from the card holder to use the card for the purpose of ordering products on our Site. 

7. REFUNDS AND CANCELLATION 

1. We guarantee that you will enjoy the Products you purchase from us. Our “100% satisfaction guarantee” means that if you don’t like a wine that we’ve supplied to you, we will credit your account with the price of that bottle. You can ask for a credit for up to 1 year after we have supplied it to you, and within no more than 15 days after you have drunk the wine. If you have several bottles of the same wine that you want refunding under our 100% satisfaction guarantee, do not open the other bottles as we reserve the right to collect them from you.
2. This is a fair use policy - you can claim a refund on up to 3 bottles that you don't like in an order. 
3. You can make changes to your order or cancel an order at any time up to when we dispatch your order, by contacting us promptly by email or phone.
4. If a product is faulty, damaged or not fit for consumption, we will refund you the price of the bottle, or at your choice, provide you with credit on your account.  In order to claim a refund or credit for a faulty product, we may require you to return the product to us, at our cost, so we can check what’s wrong.  Please contact us so that we can arrange for collection of the faulty goods (if we decide to do so) and refund / credit.
5. We will pay the costs of return:
1. if the products are faulty or damaged;
2. if the products have been delivered to you in error; or
3. if you have a legal right to do so as a result of something we have done wrong.
6. In all other circumstances, including in [Clause 7.6] below, you must pay the costs of return, including all packaging and delivery costs. All such costs you pay are non-refundable.
7. You are legally entitled to a cancellation period of 14 days, starting on the day after you receive delivery of your order. During this 14 day period, you may cancel your order for any reason, and without having to give us a reason. To make a cancellation, contact us at the details provided in these Terms, or by using the Model Cancellation Form.  We will make arrangements to reimburse the purchase price within 15 days, and you must arrange to return the goods to us, at your cost.

8. DELIVERY

1. We offer next day delivery through our contracted delivery partner to most areas in the Republic of Ireland and Northern Ireland with some exceptions.
2. During extremely busy periods our delivery periods may be extended. Where this occurs we will make every effort to communicate this to you at the time you place an order.
3. We will take reasonable steps to meet all delivery dates, but we are not liable for losses or inconvenience to you arising from late deliveries.
4. If your order does not arrive, or if the delivery company tells us they could not make the delivery, we will send you a replacement order as soon as we can. If we are unable to dispatch replacement Products within 7 days we will offer you a full refund.
5. If we are unable to fulfil your exact order, we will substitute your order with similar Products or other wines that we think you will like. Any Product substitutes will be of at least the same value as the Products you ordered and will also be covered by our 100% satisfaction guarantee.

9. RISK AND TITLE

The products remain our property until they are delivered to you. We transfer risk of loss and damage to a product to you on delivery of it to you.

If there is no one at home when our delivery partner arrives with your order, and where you instructed us to leave products outside your house (inside a gate, or in a bin shed etc) or with a neighbour, our delivery partner may (but will not be obliged to) leave your order where you have instructed.  You acknowledge that you bear the risk of the order going missing after the delivery company has left it in the location you instructed. 

10. SUSPENSION AND TERMINATION

1. These Terms are effective unless and until you or we terminate your subscription and/or delete your Member’s account. You may delete your Member’s account at any time by telling us at least 3 days before your next monthly billing date.
2. If you repeatedly breach these Terms or your conduct or Your Content damages our reputation and goodwill, we have the right to temporarily or permanently suspend, disable or delete your account or to remove you from the Site. If you commit a serious breach of these Terms we have the right to immediately delete your account and remove you from the Site. If we delete your account in accordance with this section, you may not register again and we have the right to block your email address and IP address to stop you registering again.
3. We may, at any time, limit, suspend or withdraw the availability of all or any part of the Site. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal. We do not guarantee that the Site will continue to be available on an uninterrupted or error free basis for any period of time. We are not liable to you or to any third party for any interruption, modification, errors, suspension, non-availability or discontinuance of the Site.

11. RIGHTS IN CONTENT

1. Our Content. We are the owner or licensee of all intellectual property rights in the Site and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Site (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws around the world. No licence is granted to you in these Terms or elsewhere to use any trade mark owned by us or any of our affiliates. You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Site, unless we agree in writing in advance. You must not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance. We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Site (or any part of it) and we are entitled to take any legal action we deem appropriate.
2. Your Content. You are responsible for all text, images, video, audio or other material and information that you upload or transmit on or through the Site (“Your Content”). We are allowed to use any and all of Your Content for any reason we choose and without any payment to you. You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, copy, transmit, reproduce, distribute, adapt, modify, translate, create derivative works, publicly display and import Your Content, including, all copyrights, trademarks, patents and other intellectual and proprietary rights related to them, in any current or future media, for any purpose, including, sharing Your Content with others, without any payment to you. You waive any moral rights you may have in Your Content to the maximum extent allowed by applicable law.
3. Your representations. You represent and warrant that:
1. Your Content complies with these Terms;
2. none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part;
3. you own or have a right to share any of Your Content;
4. Your Content does not violate the rights (including the privacy or intellectual property rights) of any person; and
5. we will not be liable for any use or disclosure of Your Content.
4. We do not moderate any of Your Content before you upload it, but we are, at any time, entitled to edit, remove or block access to Your Content if, in our opinion, Your Content does not comply with these Terms or applicable law. We are not responsible or liable to any third party, for the contents or accuracy of Your Content.

12. ACCEPTABLE USE

1. You must not (and you must not to allow anyone to):

• deceive any person, impersonate any person, or misrepresent your identity;
• supply any false or misleading information to us or to other Members;
• break any applicable law or promote illegal activity or violence;
• create more than one account (unless we agree otherwise);
• transmit or assist in the transmission of any material that is illegal, defamatory, racist, sexist, false, misleading, pornographic, harassing, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, our staff, or any other person;
• use the Site or create a new account if we have previously suspended or banned you;
• send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
• transmit, or assist in the sending of, any unsolicited or unauthorised advertising, promotional material or spam;
• collect or track the personal information of others;
• harvest or collect any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running our services;
• use the Site in any way that could hack, disrupt, damage, compromise, overburden, disable or impair the Site, anyone’s server, systems or networks; or
• reproduce, reverse-engineer, disassemble, de-compile, duplicate, copy, re-sell or create derivative works from the whole or any part of the Site or attempt to do any of these things.

Please help us keep the material on the Site decent, useful and respectful. If you do spot a post or comment that you find offensive, or that breaches this Acceptable Use list, please report it to us by email or phone.

13. REVIEWS

1. If you post a comment on the Site, your comments will be in the public domain and will therefore be visible to anyone who visits the Site.
2. Wine ratings and comments on your Member profile page will be fed through to the relevant wine page, and therefore visible to anyone who visits the Site.

14. LINKS TO THIRD PARTIES

Certain information, products and services available through the Site may include materials from third parties. The Site may contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third parties or third party websites or their availability or accuracy. We do not warrant and have no liability or responsibility for any third party materials or websites, or for any other information, products or services of third parties. You use and access these at your own risk. You should carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions to the relevant third party.

15. LIABILITY

1. Our responsibility. Without affecting paragraph 15.6 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both you and we knew it might happen. We are not responsible for any loss or damage you suffer that is not foreseeable.
2. Where we do not exclude loss. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. If you are a consumer, you have certain rights that cannot be excluded by contract and these Terms do not limit or affect any of those rights.
3. User responsibilities for information. We do not review or verify whether the information or material that Members post to the Site, is accurate, up to date, complete or representative. To the extent that a Member or any third party provides any inaccurate or incomplete information or material we have no liability or other responsibility for inaccuracy, errors or omissions in the Site.
4. What we can’t guarantee. By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any user content or other information, text, media, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted. We are not responsible for any acts or omissions of other Members or any other person. The Site is provided “as is” and “as available” without any representations, undertakings, guarantees or warranties of any kind (whether express, implied, statutory or otherwise) including with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. We do not guarantee that the Site will always be available, accurate, complete, current, uninterrupted or error-free, that errors or defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful elements. If a user is not happy with the Site its sole remedy is to terminate its user account.
5. Business losses. The Site is designed for domestic and household use by private individuals. Should you choose to use the Site for any commercial, business or resale purpose, we have no liability for any loss of profit, loss of business, damage to reputation, loss of goodwill, loss of or corruption of data, loss of anticipated savings, business interruption, loss of business opportunity or any similar losses you may suffer.
6. Limitation of our liability. We believe it is fair and reasonable to limit the total amount of liability we have to each user of the Site. To the extent applicable law allows, for any liability which cannot lawfully be excluded but can be limited, our total aggregate liability to a user (whether in contract, tort (including negligence) or any other legal theory) for any losses, liabilities, damages, claims and costs arising out of or in connection with these Terms or use of the Site or any purchase of products on the Site, will not exceed in aggregate for all claims the lower of: (a) the sum of all subscription fees paid [and price for goods paid] by that Member in the 12 month period before the date the claim first arose; and (ii) €100.
7. Claims against us. If someone makes a claim against us because of: (a) your breach of law; (b) your breach of these Terms; or (c) any act or omission by you, you agree to reimburse us (on an indemnity basis) in full for all losses, liabilities, damages, demands, costs and expenses (including reasonable legal fees) that we suffer, incur or pay out arising out of or in connection with that claim. If we choose to conduct the defence of that claim, you must to assist us if we reasonably request.

16. UPDATES TO THE SITE

We may update the Site from time to time, for example, to reflect our users' needs, improve performance, reflect changes to our business, reflect changes to our products, or to address security issues or changes in law, but we have no obligation to update any information on the Site.

17. GENERAL

1. Interpretation. In these Terms, the singular includes the plural and the masculine includes the feminine and vice versa. The paragraph headings do not form a part of these Terms. These Terms are personal to you and there are no third party beneficiaries to these Terms.
2. Changes to the Terms. We recommend that you check the Terms regularly to ensure that you understand the Terms that apply at that time. We will try to give you reasonable notice of any significant changes to the Terms by posting of notice on the Site of any changes. Your continued use of or access to the Site following that notice indicates your acceptance of those changes.
3. Transfer and Assignment. You are not allowed to assign, novate or transfer any or all of your rights and obligations under these Terms to anyone unless we agree in writing in advance. We may assign, novate or transfer any or all of our rights and obligations under these Terms to another organisation without your consent. We will always tell you in writing if this happens. If you are unhappy with the transfer, you can cancel your account in accordance with these Terms.
4. Force Majeure. We are not responsible or liable for any failures or delays caused by an event outside our control provided we take reasonable steps to minimise the effect of any delay.
5. Entire Agreement. These Terms (including any additional policies or conditions that we provide when you engage with a feature of the Site), are the only agreement between you and us regarding the Site and supersede all previous agreements, representations, warranties and understandings between you and us regarding the Site.
6. Severability. Each of the paragraphs of these Terms operates separately. If a court or relevant authority finds any part of these Terms to be invalid, unlawful or unenforceable then the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the parties agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.
7. Remedies. If we do not act to enforce these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you if you break these Terms that will not mean that you do not have to do those things. We may take any relevant steps against you later. Our rights under these Terms are in addition to and do not exclude or limit any other rights or remedies provided by law.
8. Governing law & forum. The existence, formation, interpretation, operation and termination of these Terms and any claim, matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland have exclusive jurisdiction to hear and determine any claim, matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with these Terms. If you are a consumer resident in the European Union, you may benefit from any mandatory provisions of the law of the member state in which you reside and nothing in these Terms, including in this paragraph, affects your rights as a consumer to rely on such mandatory provisions of local law. If you have a complaint you may be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.