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Terms

These terms (“Terms of Sale”) apply if you want to purchase products from us online at  www.mirabeauwine.com/shop/ (the “Site”). These Terms of Sale should be read alongside, and are in addition to, our website Terms of Use, privacy and cookie policy. Additional terms and conditions apply if you are a member of Club Mirabeau. 

Please read these Terms of Sale carefully before purchasing products from us and print and keep a copy of them for your reference. Here are links the the most common questions:

About Us

In these Terms of Sale, references to “Mirabeau Wine”, “we” or “us” are to Mirabeau SAS, (company Number 519 607 907 00036) whose registered office is at 5 Cours Gambetta, Cotignac, France 83570.

Contract Creation

The placing of an order anywhere on our Site does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the despatch to you of the product(s) ordered. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Mirabeau Wine nor at the point when you receive an email from Mirabeau Wine acknowledging receipt of your order.

If we are unable to accept your order, we will inform you of this and will not charge you for the product. Non-acceptance of an order may be a result of one of the following:

  • The product(s) you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment
  • Our inability to verify that you are aged over 18
  • The identification of a pricing or product description error
  • The repeated or fraudulent use of vouchers

Prices

All prices are quoted on the Site in pounds sterling, and are per case or item of merchandise, as marked. It is not possible to buy individual bottles from the Site. The prices include UK duty and VAT, unless otherwise specified. Delivery is available in England, Scotland and Wales and is included on all orders, based on a required minimum order value of £90.

Although we endeavour to ensure that all pricing information on our Site is accurate occasionally an error may occur and products may be incorrectly priced. Where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount.  If the product’s correct price at your order date is higher than the price stated to you we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.

We reserve the right to alter prices without notice in the event of major currency fluctuations, changes in the rate of duty, VAT or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or changes in other market conditions between your order date and the date we supply the product. We also reserve the right to terminate any special offer at any time prior to acceptance, without notice.

Availability

All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. 

Delivery

Delivery is available in England, Scotland and Wales and is included on all orders, based on a required minimum order value of £90.

Deliveries will be the next working day (ie Monday to Friday excluding bank and public holidays) for all orders placed by 12 noon the previous working day, otherwise the second working day after the order is placed. No deliveries will be offered on Saturday or Sunday. 

We reserve the right to restrict deliveries or to withdraw services to individual customers’ addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances beyond our control.

If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and we will refund any money you have paid in advance for products we have not provided subject to a deduction or charge as reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Our deliveries are made by third party carriers and are registered delivery. On delivery signature will be required unless specified on point of purchase in the delivery instructions box. 

If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order, for example, in a safe place (unless the order is worth £500 or more) or to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged. Should you request the wine to be delivered on a signature required service or if your order is £500 or more, please ensure that you are available to sign for delivery.

Cancellations, Replacements and Refunds

If you buy any wine and it is faulty, please see our Quality Guarantee section below.

If you change your mind about your order, you may also cancel it up to and including 14 calendar days after the day on which it has been delivered. Please contact us as soon as possible to arrange receipt of the return. You are responsible for the shipping costs to return the products to us and proof of shipment is required. The appropriate sum will be reimbursed within 14 calendar days after receiving the goods you wish to cancel. Returns will only be accepted on full, sealed cases. 

Please let us know if you wish to cancel an order by contacting our team through the details on our Contact page and include the order details (Name, order date, order number) to help us identify it. 

All refunds given will be made by the same payment method you originally used to make payment.

Quality Guarantee

As we’re so confident about all of our wines we are happy to replace or refund any bottles of wines which are faulty, subject to the following conditions:

If a bottle of wine is corked, oxidised or appears otherwise out of condition, provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the faulty bottle with a bottle of the same type of wine (or if not available, a bottle of another type of wine which is of equivalent value). Alternatively if you prefer we will refund you an amount equal to the value of the bottle. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).

If you suspect that a bottle of wine may be faulty please contact us and one of our team will be more than happy to assist.

This Quality Guarantee is in addition to, and does not affect, your legal rights in respect of any of our products or services (for example, if any of our products are not of satisfactory quality). In particular, we are under a legal duty to supply goods that are in conformity with this contract. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service. To exercise your legal rights, please contact our Customer Services team using one of the methods on our Contact page.

Security

All information (including credit card details) is sent and received using up-to-date secure e-commerce software. Sensitive financial details are not given to Mirabeau and processed through third party services (like PayPal). We continuously monitor and implement new security protocols and software as they become available.

If you have any questions about any aspect of site security please contact us using one of the methods on the Contact page.

Voucher Codes

Unless otherwise stated, voucher codes are only to be used once by new customers who are 18 years or over on their first purchase. You are not entitled to any further introductory vouchers or other introductory offers from Mirabeau Wine or any affiliates. Vouchers are non-transferable, may not be sold at auction and have no cash alternative. Where a voucher is used in breach of the above conditions we reserve the right to refuse to supply wines to you or to make a charge equivalent to the value of the voucher against the payment card used on the contravening order or take steps to redeem the products as we deem appropriate. A charge may be made to cover the cost of recovery of the products.

Re-Sale

Wines purchased from us are for the customer’s own use only (which may include their use as gifts for third parties). Individual bottles of wine may not be re-sold or otherwise used for commercial purposes.

If you are a corporate partner or would like to hear about corporate partner opportunities, please contact us at contact@mirabeauwine.com.

Age Restrictions

It is against the law for any person under the age of 18 to buy, or attempt to buy alcohol or for any person over the age of 18 to buy or attempt to buy alcohol for any person under the age of 18.

Mirabeau Wine is committed to upholding its legal and social obligations as a retailer of alcohol.

By placing an order you need to confirm that you and the recipient of the wine are at least 18 years old.

If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.

We will validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases in accordance with the terms of our Privacy Policy. 

Our Products

Please note that the images of the products on our Site are for illustrative purposes only. Although we use every effort to display the colours accurately, we cannot guarantee that your device’s [or brochure’s] display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.

The packaging of the product may vary from that shown in images on our Site.

Summary of your Legal Rights

You have certain legal rights in respect of any products you purchase from us, including that such products are of satisfactory quality. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights. For more information about your legal rights please contact your local Citizens Advice or Trading Standards office.

Our Responsibility for Loss or Damage Suffered by You

Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, pandemic, epidemic, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.

We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:

  • Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or
  • Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or
  • Any spillages or breakages involving one or more of our products, unless such loss, damage or cost arises as a result of our negligence or one of our products being faulty or defective.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.

Risks, Warnings and Storage Conditions

You should be aware of the following inherent risks and warnings in respect of our products:

Alcohol should be consumed in moderation. A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time. Sparkling wines can be volatile due to the build up of gasses. Extra care should be taken when opening these. The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

Contact Us

If you have any questions regarding orders or any general enquiries please do let us know by:

  • Entering the relevant details on the Contact Us page
  • Emailing contact@mirabeauwine.com 
  • Writing to us at: Mirabeau SAS, 5 Cours Gambetta, 83570 Cotignac France

Privacy and Data Protection

We process information about you in accordance with our Privacy Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.

Other Important Terms

These Terms of Sale are governed by the laws of England and Wales and the courts of England and Wales shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.  If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.

If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms of Sale remain in full force and effect.

Only you and we are entitled to enforce these Terms of Sale. No third party is entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Sale. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Terms of Sale without our prior written consent.  However, you may transfer our Quality Guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.

These Terms of Sale, the Privacy Policy and the Cookie Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms of Sale does not constitute a waiver by us of that right.