This website (currently at curiouscuration.co.uk) (“Site”) is operated by Curious Curation Ltd (Company No. 12776814) of Curious Curation, Columba House, Adastral Park, Martlesham, Suffolk, England, IP5 3RE (“Company”). Throughout the Site and these terms, the words “we”, “us” and “our” refer to the Company.
By visiting the Site and/or purchasing a subscription of wine from the Site (“Subscription”), you engage in using our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and/or policies referenced herein and/or available by hyperlink. The Terms apply to all users of the Site, including without limitation to any customers who purchase Subscriptions.
Please read the Terms carefully before using the Site and/or purchasing Subscriptions. By accessing and/or using any part of the Site and/or purchasing a Subscription, you agree to be bound by the Terms. If you do not agree to the Terms, you may not access the Site, use our Services, or purchase Subscriptions.
We reserve the right to update, change and/or replace any part of the Terms by posting updates and/or changes to our Site. It is your responsibility to check this page for changes if you continue to use the Services. Your continued use of and/or access to the Site following the posting of any changes constitutes your acceptance of any such changes. The headings used in this agreement are included for convenience only and do not affect the interpretation the Terms.
SECTION 1 – RESTRICTIONS ON SUBSCRIPTIONS
In purchasing a Subscription, you warrant that you are aged 18 or older. The foregoing shall not constitute any representation on our part to apply age-gating or similar age-restriction measures. We reserve the right to refuse the Service and/or a Subscription to anyone for any reason at any time, including to individuals who are or who appear to be under the age of 18, even if we are not restricted by law in selling such Subscriptions to persons under this age. We may, in our sole discretion, limit Subscriptions that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
We reserve the right to limit the Service and/or sales of Subscriptions to any geographic region in our sole discretion.
SECTION 2 – DESCRIPTIONS AND ERRORS
We have made every effort to display as accurately as possible the colours and images of the products that you will receive as part of the Subscriptions (“Products”) on the Site. Occasionally, there may be information on our Site or in the Service that contains errors including without limitation typographical errors, inaccuracies and/or omissions that may relate to descriptions of Subscriptions, descriptions of Products, pricing, promotions, offers, shipping charges, transit times and/or availability. We reserve the right to correct any errors, inaccuracies and/or omissions, and/or to change and/or update information and/or cancel orders for Subscriptions in the event that any information in the Service and/or on the Site is inaccurate at any time without prior notice to you (including after you have purchased a Subscription).
Without limiting the above, manifest errors on price shall not be regarded as a binding offer. Your submission of an order for a Subscription shall be regarded as an invitation to treat, which shall only be confirmed upon acceptance by us in writing.
SECTION 3 – CHANGES TO ORDERS AND PRICES
We reserve the right to modify and/or discontinue the Service and/or withdraw the Subscriptions without notice at any time. The prices of the Subscriptions are subject to change without notice. We shall not be liable to you and/or to any third-party for any modification, price change, suspension and/or discontinuance of the Service and/or Subscriptions. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided by you at the time the Subscription was purchased. In the event of unavailability of one or more of the Products, we will inform you as soon as practicable.
SECTION 4 – SUBSCRIPTIONS
The price of a Subscription is that price indicated from time to time in respect of each applicable Subscription on the Site during the order confirmation process. Subscription prices are inclusive of all taxes and delivery costs. The terms applicable to a Subscription shall be set out at the Site at the point of purchase but we will typically take payments for each Subscription quarterly on or around the end of February, the end of May, the end of August, and the end of November in each calendar year. The Products for each quarterly period will be dispatched on or around the 15th of March, the 15th of June, the 15th of September, and the 15th of December in each calendar year. A Subscription must be accepted by us and the first payment for the Subscription must have been successfully made by you and received by us before the applicable date in each quarterly period in order for you to receive the Products for the then current period. In the event that payment for a Subscription is rejected or fails, we shall withhold delivery of the applicable Products until such time as the payment is successfully made.
Each Subscription shall automatically renew at the end of each quarterly period unless you cancel or change it. You shall be entitled to cancel or change a Subscription upon a minimum of fourteen (14) days’ notice prior to the end of each applicable quarterly period, unless you have purchased a discount conditional upon a minimum number of recurring purchases, in which event we shall be entitled to charge you the remaining minimum number of payments before effecting any such cancellation. Any changes made to a Subscription will only apply to future renewals and/or payments and cannot be retrospectively applied to previous quarterly periods.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Site. Where you have purchased a Subscription, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 – CANCELLATION AND RETURNS
You must carefully check the condition and conformity of the Products during their delivery. In the event that, within three (3) months of delivery, you experience an issue with the Products (e.g. a bottle of wine is “corked”), you must contact us by email at: enquiries@curiouscuration.co.uk. We will then endeavour to liaise with the relevant producer to arrange for the replacement of the affected Product(s). If such replacement is not possible, we will reimburse you for the affected Products (pro-rated in good faith to the cost of the Subscription).
SECTION 7 – RESTRICTIONS ON THE USE OF SUBSCRIPTIONS AND SERVICES
You may not use the Subscriptions for any illegal or unauthorised purpose. You may not use the Site or its content for any unlawful purpose, nor copy or otherwise infringe upon or violate our intellectual property rights or the intellectual property rights of others.
SECTION 8 – THIRD PARTY LINKS
Certain content, Subscriptions and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, subscriptions, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party subscriptions should be directed to the third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. Information posted to the Site by you (not including credit card information*), if applicable, may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
*Credit card information is always encrypted during transfer over networks.
SECTION 10 - LIMITATION OF LIABILITY
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and/or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs and/or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Subscriptions, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and/or employees, from and against any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 – SEVERABILITY
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – WAIVER
The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
SECTION 14 – ENTIRE AGREEMENT
These Terms and any policies and/or operating rules posted by us on this Site and/or in respect to the Service and/or the purchase of a Subscription constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.
SECTION 15 - GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms should be sent to us at enquiries@curiouscuration.co.uk.