Terms and conditions of use
1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by FRIDAY MOOD LTD ('we'/'us'/'our'), a limited company, registered in England and Wales under company number: 10390983 having our registered office at 111 High Holborn (shop), London WC1V 6JJ, United Kingdom.
3. COMMUNICATIONS
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.3. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and can not predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws. We will not issue a refund if your order is seized by your Import/Customs Offices.
5. REGISTRATION
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 years old
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA)
7. PRICE
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include 20% VAT and delivery costs. The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
8. PAYMENT
8.1. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods. We will send you a an email with notice, confirming that the Goods were dispatched (a 'Dispatch notice'), to confirm this. The Dispatch notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Dispatch notice (whether or not you receive it).
9.6. The Contract will relate only to the Goods stated in the order confirmation notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate order confirmation notice relating to it and have debited your payment card.
9.7. You must check that the details contained in the order confirmation notice are correct and you should print out and keep a copy of it.
10. DELIVERY
10.1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
10.3. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Dispatch notice was sent, unless there are exceptional circumstances.
10.4. We shall not be liable for any delay in delivering the Goods, however caused.
10.5. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
11. RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before the Dispatch notice is sent
12.1.1. You may cancel your order for the Goods at any time prior to us sending the Dispatch notice so long as you contact us in writing. You can send us a cancellation notice by sending an email to info@fridaymoodwine.co.uk. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
12.2. Cancellation after receiving a Confirmation Notice
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the Goods. You can send your cancellation notice by email to info@fridaymoodwine.co.uk. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number. In such a case, you will not get a refund of delivery costs.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk.
12.2.3. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are delivered back to us by you. You must return the Goods sealed, with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12.3. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
12.3.1. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as perishable goods)
12.3.2. The packaging or any of the individual product components, has been unsealed or damaged. If blister package was opened, goods are considered as unsealed.
12.3.3. The non-faulty product does not arrive, at our address provided, in a resalable condition. We will contact you to arrange sending of goods back to you and to take payment for the additionally incurred delivery costs.
12.3.4. We will not issue a refund if your order is seized by your Import/Customs Offices.
12.4. Damaged, faulty or wrongly delivered goods
12.4.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, if it:
12.4.1.1. Has been damaged on delivery (you must report about it to us as soon as possible within 2 days of delivery. If you fail to do so, we will not be able to make a refund to you)
12.4.1.2. Is in a faulty condition
12.4.1.3. Has been delivered to you in error
12.4.2. provided that you return the Goods to us and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.
12.4.3. Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
12.4.4. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
12.4.5. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 2 working days after receipt by email to info@fridaymoodwine.co.uk. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
12.4.6. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us.
12.5. Incorrectly priced or described Goods
12.5.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
12.5.2. If we discover the error before sending you a Dispatch notice we will, at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.5.3. If we discover the error after sending you a Dispatch notice we may, at our discretion and without incurring any liability to you, cancel the Contract. We will notify if we cancel the Contract.
12.5.4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.6
12.6. Processing refunds
12.6.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
12.6.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
12.6.3. In case wrong delivery address is provided while ordering, and goods are returned to us by postal or other delivery company, you will be granted a refund of total order amount less delivery expenses. If goods are not returned back to us, you will not be eligible to claim a refund.
13. COMPLAINTS
13.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at info@fridaymoodwine.co.uk.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to FRIDAY MOOD LTD (trading as Friday Mood Wine), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
14.5. No license is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15. WEBSITE USE
15.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.
16. LIABILITY AND INDEMNITY
16.1. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
16.2. We will not be liable if the Website is unavailable at any time.
16.3. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
16.4. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
16.5. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
16.6. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.7. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.7.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
16.7.2. any loss of goodwill or reputation; or
16.7.3. any special or indirect losses; or
16.7.4. any loss of data; or
16.7.5. wasted management or office time; or
16.7.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Goods you purchased.
16.8. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
16.9. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
17. FORCE MAJEURE
17.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
17.1.1. Strikes, lock-outs or other industrial action
17.1.2. Shortages of labour, fuel, power, raw materials
17.1.3. Late, defective performance or non-performance by suppliers
17.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
17.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
17.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.1.8. Acts, decrees, legislation, regulations or restrictions of any government
17.1.9. Other causes, beyond our reasonable control
17.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
17.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
18. PRIVACY POLICY
18.1. Introduction
18.1.1. We are committed to safeguarding the privacy of our website visitors and customers.
18.1.2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
18.1.3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website, we will ask you to consent to our use of cookies when you first visit our website.
18.1.4. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can select whether you would like to receive direct marketing communications. You can select Opt-in to receive marketing communications, or contact us via our contact form or e-mail to remove you from our subscribers list.
18.1.5. In this policy, "we", "us" and "our" refer to FRIDAY MOOD LTD. For more information about us, see Section 18.12.
18.2. How we use your personal data
18.2.1. In this Section 18.2 we have set out:
a) the general categories of personal data that we may process;
b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
c) the purposes for which we may process personal data; and
d) the legal bases of the processing.
18.2.2. We may process data about your use of our website "usage data". The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of use. We may associate such data from different devices and multiple sessions. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website.
18.2.3. We may process your account data "account data". The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, fulfilling orders, providing our services, ensuring the security of our website, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
18.2.4. We may process your information included in your personal profile on our website "profile data". The profile data may include your name, address, telephone number, email address, gender, date of birth. The profile data may be processed for the purposes of enabling and monitoring your use of our website and fulfilling orders. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
18.2.5. We may process information that you post for publication on our website "publication data". The publication data may be processed for the purposes of enabling such publication and administering our website. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
18.2.6. We may process information contained in any enquiry you submit to us regarding goods and/or services "enquiry data". The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
18.2.7. We may process information relating to transactions, including purchases of goods, that you purchase through our website "transaction data". The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and our legitimate interests, namely the proper administration of our website and business.
18.2.8. We may process information that you provide to us for the purpose of subscribing to our email notifications and newsletters "notification data". The notification data may be processed for the purposes of sending you the relevant notifications and newsletters. The legal basis for this processing is your consent.
18.2.9. We may process information contained in or relating to any communication that you send to us "correspondence data". The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
18.2.10. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
18.2.11. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
18.2.12. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
18.2.13. Please do not supply any other person's personal data to us, unless we prompt you to do so.
18.3. Providing your personal data to others
18.3.1. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
18.3.2. We may disclose your personal data to identity verification service providers identified as PAY360 insofar as reasonably necessary for age verification purposes.
18.3.3. We may disclose your personal data to postage and courier service providers insofar as reasonably necessary for order processing purposes.
18.3.4. Financial transactions relating to our website may be handled by our payment services provider Worldpay. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at worldpay.com.
18.3.5. We may disclose your personal data to Trustpilot reviews service insofar as reasonably necessary for collection of customer feedback purposes.
18.3.6. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
18.4. International transfers of your personal data
18.4.1. In this Section 18.4, we provide information about the circumstances in which your personal data may be transferred to countries inside the European Economic Area (EEA).
18.4.2. The hosting facilities for our website are situated in EEA countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses.
18.5. Retaining and deleting personal data
18.5.1. This Section 18.5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
18.5.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
18.5.3. We will retain your personal data as follows: personal data will be retained for a minimum period of 3 years and for a maximum period of 6 years following account deletion or no activity on your account.
18.5.4. Notwithstanding the other provisions of this Section 18.5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
18.6. Amendments
18.6.1. We may update this policy from time to time by publishing a new version on our website.
18.6.2. You should check this page occasionally to ensure you are happy with any changes to this policy.
18.6.3. We may notify you of significant changes to this policy by email or through the private messaging system on our website.
18.7. Your rights
18.7.1. In this Section 18.7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
18.7.2. Your principal rights under data protection law are:
a) the right to access;
b) the right to rectification;
c) the right to erasure;
d) the right to restrict processing;
e) the right to object to processing;
f) the right to data portability;
g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
18.7.3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting your account when logged into our website.
18.7.4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
18.7.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data has been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
18.7.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
18.7.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
18.7.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
18.7.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
18.7.10. To the extent that the legal basis for our processing of your personal data is:
a) consent; or
b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
18.7.11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
18.7.12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
18.7.13. You may exercise any of your rights in relation to your personal data by written notice to us.
18.8. About cookies
18.8.1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
18.8.2. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
18.8.3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
18.9. Cookies that we use
18.9.1. We use cookies for the following purposes:
a) authentication - we use cookies to identify you when you visit our website and as you navigate our website;
b) status - we use cookies to help us to determine if you are logged into our website;
c) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website generally;
d) analysis - we use cookies to help us to analyse the use and performance of our website; and
e) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
18.10. Cookies used by our service providers
18.10.1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
18.10.2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website.
18.11. Managing cookies
18.11.1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.
18.11.2. Blocking all cookies will have a negative impact upon the usability of many websites.
18.11.3. If you block cookies, you will not be able to use all the features on our website.
18.12. Our details
18.12.1. This website is owned and operated by FRIDAY MOOD LTD.
18.12.2. We are registered in England and Wales under registration number 13350562, and our registered office is at 111 High Holborn (shop), London WC1V 6JJ.
18.12.3. Our principal place of business is stated above
18.12.4. You can contact us:
a) by post, to the postal address given above;
b) using our website contact form;
c) by telephone, on the contact number published on our website; or
d) by email, using the email address published on our website.
18.13. Data protection officer
18.13.1. Our data protection officer's contact details are: Sviatoslav Seliviorstov, info@fridaymoodwine.co.uk
19. THIRD PARTY RIGHTS
19.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. EXTERNAL LINKS
20.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
20.1.1. The privacy practices of such websites
20.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
20.1.3. The use which others make of these websites; or
20.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
21. LINKING TO THE WEBSITE
21.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2. Any agreed link must be:
21.2.1. To the Website's homepage
21.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
21.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
21.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
21.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22. NOTICES
22.1. All notices given by you to us must be given to us by using e-mail info@fridaymoodwine.co.uk. We may give notice as described in clause 3
22.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
23. ENTIRE AGREEMENT
23.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
24. GENERAL
24.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
24.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
24.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
24.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
24.5. All Contracts are concluded and available in English only.
24.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
24.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. GOVERNING LAW AND JURISDICTION
25.1. The Website is controlled and operated in the United Kingdom.
25.2. Every purchase you make shall be deemed performed in England and Wales.
25.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.