Subscription (Wine Club) Terms and Conditions

Effective 20 May 2020

These Terms and Conditions are effective from the date of publication shown above and may be amended from time to time.

By making any purchase of Eligible Products and Services on the Website, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

Accepted Payment Card means a VISA, MasterCard, American Express or charge card which a Member or Guest Customer uses to make a payment to Bon Vino, or such other form of card payment as approved by Bon Vino from time to time.

Benefits means any of the goods, services, discounts, offers or arrangements offered or provided to Members from time to time by Bon Vino as a result of Subscription or Membership.

Bon Vino means The Cave (Woodford) Limited trading as Bon Vino (company number 07621545)

Website means www.bonvino.co.uk.

Consequential Loss means any loss of profits, loss of revenue, loss of opportunity or consequential or indirect loss.

Coupon Codes and Special Offers means any promotional codes that offer a discount on the total price of a Product or Event that are communicated to Members or Guest Customers through email or mail marketing communication.

Guest Customer means a customer who has or is proposing to transact on the Website but is not logged in as a Member when the transaction occurs. A Guest Customer may also be a Member.

Eligible Purchase means the purchase of Products by a Member or Guest Customer in accordance with these terms and conditions.

Events means any events or promotions advertised on the Website, or is otherwise communicated to Members or Guest Customers through email or mail marketing communication, for which Bon VIno offers tickets (Event tickets) to Members and Guest Customers.

VAT means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the tax system (Value Added Tax Act 1994) and the related imposition acts. Including means including without limitation.

Losses means all liabilities, losses, damages, costs and expenses.

Member means an Eligible Member or a Subscription Member (as the case may be) who has or is proposing to transact on the Website.

Member Account has the meaning given in clause 3.

Member Content means any materials or contributions, including text, images, reviews and testimonials, submitted by a Member in the course of Premium Membership or for the Website.

Membership Fee means the monthly membership fee payable on the Bon Vino Wine Club program as varied by Bon Vino from time to time.

Non Excludable Terms has the meaning given in clause 24.1.

Order has the meaning given in clause 8.

Member means a natural person who holds a membership.

Premium Membership means membership of the Bon Vino Wine program in accordance with Clause 5.

Product means Eligible Products and Services as defined in clause 11.2.

Start Date has the meaning given in clause 5.2(d).

Subscription Products means Products which are available to a Member as pre-arranged periodic deliveries over a period of time as selected by that Member and confirmed in the Member’ s Order. Subscription Products are also referred to as Wine Plans.

Supplier means any person or company contracted by Bon Vino from time to time to provide services in connection with Bon Vino Wine Club or Membership, including but not limited to the delivery or supply of Benefits or Products.

Third Party Products has the meaning given in clause 24.2.

Undelivered Subscription Product has the meaning given in clause 7.2.

2. Responsible Service of Alcohol

(a) It is against the law to sell or supply alcohol to, or to obtain alcohol for or on behalf of, a person under the age of 18 years.

(b) By ordering alcohol or liquor Products, a Member or Guest Customer warrants that:

the Member or Guest Customer is 18 years of age or older;
any person that the Member or Guest Customer is obtaining the Products for, or supplying the Products to, is 18 years of age or older; and iii. any person that is receiving the alcohol or liquor Products at the specified delivery address is 18 years of age or older.

(c) Bon Vino may cancel any Order, or refuse to supply Products, if it is not satisfied that the requirements in clauses 2(b)(i) and (ii) are satisfied, or if Bon Vino otherwise considers that the supply would breach any laws or regulations applicable to supply of liquor.

Bon Vino recommends that alcohol only be consumed in moderation. It is an offence to sell or supply to or to obtain liquor on behalf of a person under the age of 18 years.

3. Member Account

(a) The Website offers an ‘Account’ facility to all Members (both Premium Members and non-Premium Members) (Member Account) which can be used to view and edit information, order history, order status’ and perform certain functions, relating to their Account.

(b) Each Member must advise Bon Vino of any changes of name, address, email, phone or other Member Account information as soon as practicable after the change by updating the information via the Website or by contacting hello@bonvino.co.uk.

(c) Bon Vino is not responsible for any loss, damage or claim relating to information in the Member Account, including but not limited to loss, damage or claims which are caused by the Member’ s failure to update or provide accurate information in accordance with this clause.

(e) By setting up a Member Account, applying for Premium Membership, claiming any Benefit, accessing the Website or making any purchase on the Website, you agree to be bound by these Terms and Conditions ( as amended from time to time).

4. Guest Customer Checkout

(a) The Website offers a ‘Guest Customer Checkout’ facility to all users (including Members) which can be used to process their transaction (Guest Customer Information).

(b) Each Guest Customer must advise Bon Vino of any changes of name, address, email, phone or other information in relation to the respective transaction within 12 hours after the transaction was made by contacting hello@bonvino.co.uk.

(c) Bon Vino is not responsible for any loss, damage or claim relating to Guest Customer Information including but not limited to loss, damage or claims which are caused by the Guest Customer’ s failure to update or provide accurate information in accordance with this clause 4.

(d) By accessing the Website or making any purchase on the Website, the Guest Customer agrees to be bound by these Terms and Conditions (as amended from time to time).

(e) Bon Vino may restrict the use of the Guest Customer functionality in its absolute discretion.

(f) A Guest Customer cannot purchase any Premium Membership, Subscription Product or exclusive Premium Member products or services.

5. Benefits

(a) Bon Vino may from time to time modify, add or remove Benefits at its absolute discretion. Bon Vino will advise Premium Members of any material changes to the Benefits by publishing the changes on the Website.

(b) It is the responsibility of Premium Members to ensure they are familiar with the available Benefits, including changes to Benefits, by visiting the Website.

6. Products

(a) Bon Vino will use reasonable endeavours to ensure that all Products that are displayed for sale on the Website are available for purchase. If a Product is ordered but is not available, Bon Vino will either (in its discretion) endeavour to supply a substitute Product of equivalent value or:

(i) for a Member, refund the amount paid for the Product by the Member by either crediting that Member’s QFF Program account for the Points redeemed, or crediting the Accepted Payment Card used, to purchase the Product, as the case may be;

(ii) for a Guest Customer, refund the amount paid for the Product by the Guest Customer by crediting the Accepted Payment Card used; and

(iii) deduct the number of Points credited to the Member’s QFF Program account for payment of the applicable Product.

(b) Bon Vino may at any time, without advance notice to Members or Guest Customers withdraw, limit, modify, or cancel the availability of a Product, or modify the amount payable for or Points required to redeem for Products (as applicable). Products are strictly limited in number, may be offered for a limited time and are offered while stocks last.

7 Subscription Products (Wine Club Plans)

7.1 Purchase of Subscription Products

By purchasing a Subscription Product the Member consents to:

(a) Bon Vino storing the Member’s payment information, either directly or through its third party payment provider, to allow for payment of the required instalments; and

(b) Bon Vino initiating payment for the agreed instalments with the Member’s nominated default payment method for the duration of the Subscription Product, unless the Member otherwise cancels their Subscription Product in accordance with these terms.

7.2 Cancellation of Subscription Products

(a) If a Member has purchased a Subscription Product and notified Bon Vino that he/she wishes to cancel that Subscription Product, Bon Vino will:

(i) cancel all scheduled direct debits for that Subscription Product;

(ii) refund any payment taken by Bon Vino for Subscription Products paid for by the Member, but not yet dispatched by Bon Vino (Undelivered Subscription Product) by crediting the Accepted Payment Card used to pay for the Subscription Product; and

(iii) deduct the number of Points equal to any Points credited to the Member’ s QFF Program account for payment of any Undelivered Subscription Products.

7.3 Suspension of Subscription Products

(a) If a Member has purchased a Subscription Product and that Member notifies Bon Vino prior to the next periodic delivery being dispatched in accordance with the terms of the applicable the Subscription Product that he/she wishes to cancel the next scheduled delivery or deliveries, but not cancel the Subscription Product entirely, that request shall be treated as a “ suspension” of the Subscription Product.

(b) Bon Vino will not make any further debits from the Member’ s account, and will not make any further deliveries in respect of the suspended Subscription Product until receiving further notice from the Member, or until the period of time the Member advises he/she does not want to receive the delivery has lapsed.

8. Ordering

(a) Members or Guest Customers may purchase Products by placing orders for those Products using the ordering process available on the Website (Order). Products are not for resale or resupply.

(b) Bon Vino may accept or reject an Order in its absolute discretion.

(c) Bon Vino may restrict or limit the quantity of Products available for purchase, whether to Members or non-Members, in Bon Vino’ absolute discretion.

(d) Bon Vino may decline Orders from Members or Guest Customers who Bon Vino believes are placing Orders for the purposes of reselling or resupplying Products.

(e) Orders for Products that are not Subscription Products cannot be cancelled or modified by Members or Guest Customers after that Order has been received and processed by Bon Vino and/or the Supplier.

(f) Orders for Subscription Products can be cancelled or modified until the relevant cut-off date specified by Bon Vino Wine in its notification which is sent to the Member prior to dispatching each periodic delivery of Subscription Products.

8.1 Eligibility

(a) A person is only eligible to be a Premium Member if they;

(i) are 18 years of age or older; and.

(b) Membership will terminate automatically on the death of a Member.

9. Price and payment

(a) The money amount payable and Points required to be redeemed to obtain a Product will be displayed on the Website and may be varied prior to purchasing the Products without advance notice to Members or Guest Customers. All prices displayed on the Website are in Pound Sterling (GBP) and include Value Added Tax (VAT) where applicable.

(b) The Products specified in an Order will not be dispatched until the payment from the Accepted Payment Card has been authorised by the relevant merchant.

(c) Other than for Subscription Products which must be paid for using an Authorised Payment Card, Members must purchase Products through the Website by using an Accepted Payment Card. A Guest Customer must purchase Products using an Authorised Payment Card.

10. Coupon Codes and Special Offers

(a) Bon Vino may send Coupon Codes and Special Offers to Members and Guest Customers through standard promotional channels that the Member and Guest Customer is subscribed to. Coupon Codes and Special Offers are not transferable and a limit of use may apply to certain Coupon Codes at the discretion of Bon Vino. Certain Coupon Codes may also not be available to use in conjunction with another offer. Coupon Codes and Special Offers may be available to all or selected Members only from time to time.

(b) For Members, Coupon Codes will be applicable to purchases made by an Accepted Payment Card or by redeeming Points. For Guest Customers, Coupon Codes will be applicable to purchases made by an Accepted Payment Card. Offers will vary and any additional terms and conditions applicable will be communicated to the Member and Guest Customers. Coupon Codes will have a date of expiry that will be communicated on the Offer.

(c) Bon Vino reserves the right to cancel or suspend an Order using a Coupon Code or Special Offer where Bon Vino reasonably believes the use of the Coupon Code or Special Offer to be fraudulent, or otherwise in contravention of the terms and conditions for that Coupon Code or Special Offer. This includes circumstances where a Coupon Code or Special Offer is shared through social media or otherwise provided to an individual through unauthorized channels.

11. Delivery

(a) Bon Vino will only deliver Products to addresses within Australia and will not deliver perishable items to PO Boxes. Members and Guest Customers are responsible for ensuring that the address details provided are correct and up to date, and Bon Vino is not liable for any loss to the Member or Guest Customer due to incorrect or out of date address details.

(b) Bon Vino will deliver all subscription orders free of charge within the United Kingdom. Delivery fees for all subscriptions outside of the United Kingdom will be at the rates set out on the Website from time to time.

(c) Other than for Subscription Products for which the Member will be notified of an approximate date for each periodic delivery in advance of that delivery being dispatched, Bon Vino will endeavour to deliver as the below:

(d) The delivery timeframes are from dispatch. Orders placed before the end of the calendar month will be dispatched on the final day of the calendar month of purchase. Bon Vino accepts no liability for any late delivery, but the Member acknowledges that it may take a longer period of time to deliver during peak periods.

(e) All deliveries of Products will be performed by a Supplier on behalf of Bon Vino, including but not limited to Hermes, and APC Overnight. The terms and conditions of the relevant delivery Supplier will also apply to the delivery.

(f) Delivery occurs when:

(i) possession of the Products passes to a person over the age of 18 at the delivery address specified in the Order; or

(ii) if a Member or Guest Customer has instructed Bon Vino in the applicable Order to leave the Products unattended at the delivery address, when the applicable delivery Supplier leaves the Products at the specified delivery address. The applicable delivery Supplier may in its discretion refuse to leave Products unattended if it does not consider the delivery location to be secure or otherwise appropriate; or

(iii) if the applicable delivery Supplier is unable to deliver the Products in accordance with the instructions in the applicable Order, the Products are delivered to the nearest parcel drop off location and a delivery note is left at the delivery address.

(h) In the event that the applicable delivery Supplier is unable on the first attempt to deliver the Products to the specified delivery address, including where the applicable delivery Supplier determines that it is unable to safely deliver the Products, the applicable Supplier will deliver the Products to the nearest parcel drop off location with a delivery note left at the delivery address. Bon Vino reserves the right to charge additional handling costs and freight charges if alternate delivery instructions are required.

(i) Bon Vino will not deliver Products to anyone that is under 18 years of age. If there is any doubt about the age of the proposed recipient on delivery:

(i) Bon Vino (or the applicable Supplier) may request the proposed recipient to produce photographic identification to prove that the recipient is 18 years of age or older; and

(ii) if Bon Vino is not satisfied that the proposed recipient is 18 years of age or older, Bon Vino (or the applicable Supplier) will not deliver the Products (in which case clause 15(h) will apply).

(j) Bon Vino is not responsible for any Losses related to deliveries being made to incorrect or incomplete addresses provided by Members or Guest Customers either directly at the time of making an Order or due to a failure by the Member to specify the current and correct delivery address in his or her Member Account, or in the case of a Guest Customer, to specify the current and correct delivery address through processing the transaction on the Guest Customer checkout facility. In such circumstances, the Member or Guest Customer assumes responsibility for the entire purchase and, if the delivery is refused or unable to be completed by the applicable Supplier, then additional handling costs and freight charges will be applied to a request for re-delivery.

12. Title and Risk

(a) With the exception of delivery occurring in accordance with clause 15(g)(iii), title and risk in all Products passes to Members or the Guest Customer (as applicable) on delivery.

(b) In respect of Products delivered in accordance with clause 15(g)(iii):

(i) risk passes to the Member or the Guest Customer (as applicable) at the time of delivery; and

(ii) title passes to the Member or the Guest Customer (as applicable) at the time the Products are collected from the Post Office by the Member or the Guest Customer (as applicable) or nominated individual on behalf of the Member or the Guest Customer (as applicable).

13. Warranty

Bon Vino excludes all implied terms (other than the Non Excludable Terms) in relation to the supply of the Products. Except to the extent expressly set out in these Terms and Conditions, Bon Vino makes no warranties or representations in relation to the Products.

14. Product returns

(a) Bon Vino Wine will accept product returns, for refund or exchange, for a change of mind or where items were damaged or faulty upon delivery (through no fault of the Member or Guest Customer), provided that the Member or the Guest Customer (as applicable) contacts Bon Vino within 14 days of receipt of the product to authorise the exchange or refund. Bon Vino will provide the Member or Guest Customer with instructions on how and where to return the product, and if the return is due to the product being damaged or fault upon delivery (through no fault of the Member or Guest Customer), Bon Vino will provide the Member or Guest Customer with return shipping free of charge. Where the return is for a change of mind, the Member or Guest Customer will be responsible for the return shipping.

(b) Products will not be accepted for exchange or refund if the requirements set out in this clause 18 have not been met.

(c) Refunds will be processed only after receipt and inspection of the returned Product. If a refund is processed by Bon Vino, Bon Vino will:

(i) for a Member, refund the amount paid for the Product by the Member by crediting the Accepted Payment Card used, as the case may be;

(ii) for a Guest Customer, refund the amount paid for the Product by the Guest Customer by crediting the Accepted Payment Card used to purchase the Product.

(g) If a replacement Product is requested and authorised by Bon Vino, instead of a refund, Bon Vino will dispatch the replacement Product at no further cost to the Member or Guest Customer

(h) For the avoidance of doubt, Bon Vino will not cancel a Subscription Product unless a Member instructs Bon Vino to cancel the Subscription Product in its entirety. However, a Premium Member’s Subscription Product may be cancelled if the Premium Member’s Premium Membership is not renewed in accordance with clause 2.4 of these Terms and Conditions.

25. Changes to the Terms and Conditions

(a) Bon Vino will notify Members of any material changes to these Terms and Conditions by publishing the changes on the Website.

(b) If Bon Vino removes Benefits or amends these Terms and Conditions in a way that deprives a Premium Member substantially of the benefit of the Membership, that Member will have the option of cancelling the Membership.

(i) cancel that Member’s Membership; and

(ii) provide a pro-rata refund of the Fee paid by that Member by either crediting the Accepted Payment Card used to pay the applicable Membership Fee, as the case may be.

(d) In addition, if a Member has purchased a Subscription Product and the Member notifies Bon Vino of his or her cancellation prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Bon Vino will:

(i) cancel all scheduled direct debits for that Subscription Product; and

(ii) refund any payment taken by Bon Vino for items not yet dispatched pursuant to a Subscription Product by crediting the Accepted Payment Card used to pay for the Subscription Product.

16. Customer Obligations

(a) A Member or Guest Customer must not:

(i) act in any way which breaches these Terms and Conditions;

(ii) abuse or misuse any Benefits, Coupon Codes or Special Offers, Products, services (including Product Returns) or arrangements accorded to the Member or a Guest Customer;

(iii) during the course of engaging with Bon Vino or as a result of using the Website:

(A) engage in illegal or fraudulent activities;

(B) supply or attempt to supply false or misleading information, or make a misrepresentation to Bon Vino; or

(b) If a Member or Guest Customer has committed a material breach of any of the Terms and Conditions or Bon Vino has reasonable grounds to suspect the member has committed a material breach of these Terms and Conditions, or has failed to pay any money due under Bon Vino, whether intentionally or otherwise, then Bon Vino may:

(i) cancel any Order;

(ii) refuse to supply any Product; or

(iii) cancel a Membership in accordance with these terms.

17. Events

17.1 Event details

(a) From time to time Bon Vino may organise Events and advertise those Events (and other events) on the Website for Members and Guest Customers to purchase tickets to attend. Some Events may be exclusive to Premium Members.

(b) Bon Vino may at any time, without advance notice to Members and Guest Customers, withdraw, limit, modify, cancel or increase the availability or cost of Event tickets. Event tickets are strictly limited in number, may be offered for a limited time and are offered while stocks last.

17.2 Purchasing tickets using Accepted Payment Card

(a) Members may purchase tickets for Events for themselves and their guests through the Website either by redeeming Points, or by making a money payment using an Approved Payment Card. A Member cannot purchase Event tickets using a combination of redeeming Points and making payment by an Accepted Payment Card.

(b) A Guest Customer may purchase tickets for Events for themselves and their guests through the Website by making a money payment using an Approved Payment Card.

(c) For Premium Member exclusive events, Bon Vino will only accept orders for Event tickets from current Premium Members whose Premium Membership has not been suspended or cancelled.

(d) Additional terms and conditions apply to all Event tickets and Event ticket purchases and will be disclosed to the Member and Guest Customer at the time of purchase. By purchasing a ticket for an Event, a Member and Guest Customer agrees to comply with those additional terms and conditions.

17.3 Eligibility

(a) Unless otherwise expressly stated, all Event attendees must be 18 years of age or older.

17.4 Transfer and refund

(a) Event tickets are transferable up to 48 hours prior to the Event, unless otherwise specified by Bon Vino.

(b) Unless otherwise specified by Bon Vino, Event tickets will not be refunded unless the Event is cancelled.

(i) use reasonable endeavours to notify the Member or Guest Customer as soon as practicable via email;

(ii) for a Member, refund the amount paid for the Event tickets by the Member by crediting the Accepted Payment Card used, to purchase the Event tickets, as the case may be;

(iii) for a Guest Customer, refund the amount paid for the Event tickets by the Guest Customer by crediting the Accepted Payment Card used, to purchase the Event tickets; and

17.5 Photography at Events

(a) By purchasing an Event ticket, Members and Guest Customers acknowledge that a photographer may be present at the relevant Event and that the Member and the Guest Customer and his or her guest (if any) may be photographed.

(b) Photographs taken at an Event are the sole property of Bon Vino and its related bodies corporate and Bon Vino and its related bodies corporate have the right to use, amend, crop, adapt, modify, exploit, reproduce, communicate, distribute or publish any such material publicly on the Website and any media (including banners/signage/posters, magazine, Internet, or other digital or print formats).

(c) Members and Guest Customers consent to photographs being taken of them and their guest(s) for the purposes described in this clause 17.6 and acknowledge they will not be entitled to any monetary or other compensation for such use.

18. Material and information on the Website

18.1 Bon Vino information

Bon Vino will use reasonable endeavours to ensure that information included by or on behalf of Bon Vino on the Website is complete and accurate. However, to the extent permitted by law, Bon Vino accepts no liability for the lack of completeness or accuracy of such information.

18.2 External Sites

The Website may contain links to, or frame, websites of third parties (External Sites). Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Bon Vino of the owners or operators of the External Sites, or for any information, Eligible Products and Services offered or referred to on the External Sites, unless the endorsement, approval, recommendation or preference is expressly indicated on the Website. Bon Vino makes no warranty and accepts no liability in relation to material contained on External Sites.

18.3 Intellectual property

(a) The material contained on the Website is protected by copyright. A Member or a Guest Customer must not use, copy, modify, transmit, store, publish, distribute or create derivative works of the material on the Website (other than Member Content submitted by that Member), without obtaining the prior written consent of Bon Vino.

(b) Trade marks (whether registered or unregistered) and logos used on the Website must not be used or modified in any way without obtaining the prior written consent of Bon Vino.

(c) The Website and products, technology and processes contained on it may be the subject of other intellectual property rights owned by Bon Vino, Supplier or third parties. Members’ use or Guest Customer’s use of the Website must not in any way infringe the intellectual property rights of any person.

(d) A Member or Guest Customer must not:

(i) use any device, software, routine or any other method to interfere or attempt to interfere with the proper working of the Website; or

(ii) take any action that imposes a burden or load on the Website not authorised by Bon Vino or that is unreasonable or disproportionate to the benefits Bon Vino obtains from that Member’s use of the Website.

18.4 Member Content

(a) Each Member is fully responsible for any and all Member Content submitted by that Member.

(b) Bon Vino excludes all liability for Member Content to the full extent permitted by law.

(d) Members must not submit Member Content that:

(i) is unlawful, defamatory or fraudulent;

(ii) infringes, or would cause Bon Vino to infringe, the intellectual property rights or moral rights of any person; or

(iii) is offensive, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 16, or otherwise unsuitable for publication.

(e) By submitting Member Content, Members grant Bon Vino a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the Member Content for any purpose in any media, including on the Website.

19. Liability

19.1 Consumer protection legislation

(a) Bon Vino acknowledges that the Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and other equivalent legislation implies or imposes statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded (Non Excludable Terms). Nothing in these Terms and Conditions (including the exclusions and limitations in this clause) is intended to exclude or restrict the application of Non Excludable Terms.

(b) Other than the Non Excludable Terms, Bon Vino excludes all implied terms in relation to the supply of Benefits or Eligible Products and Services.

19.2 Third party products

The Benefits may include the ability to acquire goods or services from third parties (Third Party Products) that are not, or on terms that are not, available to persons that are not Members. The provision of Third Party Products will be subject to the terms and conditions of the applicable third party suppliers. Bon Vino excludes all liability in relation to Third Party Products.

19.3 Taxes and charges

(a) Members are responsible for any costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from receipt of the Benefits or in relation to any Third Party Products.

(b) Bon Vino recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Premium Membership and Benefits.

19.4 Member Content

Each Member indemnifies Bon Vino against all Losses arising from or related to:

(a) a claim by a third party that the use by Bon Vino of Member Content in accordance with clause 23.4(e) infringes the intellectual property rights or moral rights of any person; or

(b) any breach by that Member of his or her obligations under clause 23.4.

19.5 Exclusion of liability

Bon Vino:

(a) excludes all liability for Consequential Loss; and

(b) limits its aggregate liability under or in connection with a Premium Membership to the amount of the Membership Fee.

19.6 Benefit of terms

If a Supplier or any related body corporate of Bon Vino suffers or incurs Losses as a result of a Member’s breach of these Terms and Conditions and Bon Vino would have been able to recover those Losses if they were suffered or incurred by Bon Vino, then Bon Vino will be able to recover those Losses as if those Losses were suffered or incurred by Bon Vino.

20. Termination by Bon Vino

(a) Bon Vino may terminate or cease to operate Bon Vino or the wine club at any time at its discretion.

(b) Bon Vino will use its best endeavours to give Members as much notice of any termination referred to in clause 20(a) as is reasonably practicable in the circumstances.

(i) provide a Member with a pro rata refund of the applicable fee paid in money to the Accepted Payment Card used to pay the Membership Fee; and

(d) If a Member has purchased a Subscription Product and Bon Vino terminates either the Membership or the Bon Vino Wine Club prior to the next periodic delivery being dispatched pursuant to a Subscription Product, Bon Vino will:

(i) cancel all scheduled direct debits for that Undelivered Subscription Product;

(ii) refund any payment taken by Bon Vino for Undelivered Subscription Products by crediting the Accepted Payment Card used to pay for the Subscription Product; and

(e) A Member will not receive a refund under clause 25(d)(ii) if:

(i) the Member has breached of any of these Terms and Conditions;

(ii) the Member has supplied false or misleading information to Bon Vino in connection with the membership;

(iii) the Member has acted in any way which is likely to be detrimental to the interests of Bon Vino or Bon Vino Wine; or

(f) Premium Members may terminate their Membership at any time by notifying Bon Vino, but are not entitled to a refund under these Terms and Conditions unless otherwise expressly provided by Bon Vino or in these Terms and Conditions.

(g) Bon Vino may terminate or prevent a Guest Customer’s use of the Guest Customer’ s functionality, in its absolute discretion.

21. Personal information

(a) Each Member and Guest Customer acknowledges that Bon Vino collects, uses and discloses information about the Member and Guest Customer, in order for Bon Vino to provide the activities set out in these Terms and Conditions. The information about such use in this clause 26 should be read alongside the Privacy Policy available on the Bon Vino website, which contains more detailed information about how a Member’s and Guest Customer’ s personal information is processed.

(b) Bon Vino collects personal information about each Member (including products and services available to Bon Vino Frequent Flyer members) and each Guest Customer:

(i) to provide the products and services described in these Terms and Conditions;

(ii) for research, marketing, product development and planning purposes, including to provide the Members and Guest Customers with updates and offers (if the Member or Guest Customer has chosen to receive these);

(iii) to operate and facilitate participation in the club, and to confirm a Member’s eligibility for, and providing any products and services associated with Terms and Conditions; and

(iv) to any third party providing services to Bon Vino, any of its related bodies corporate with the administration of Bon Vino.

(c) It is a condition of Membership that each Member consents and authorises Bon Vino to collect and use the information collected by Bon Vino in relation to that Member, and disclose it to any Supplier and any other person (including a related body corporate, agent or contractor of Bon Vino or Supplier), for the purposes of:

(i) Bon Vino or any of its related bodies corporate providing services (directly or through a Supplier) in connection with Bon Vino Wine or the Membership, including the supply of Benefits or Products;

(ii) Bon Vino or any of its related bodies corporate improving Bon Vino customer service, including by means of research, marketing, product development and planning;

(iii) Bon Vino marketing its Eligible Products and Services or the products or services of third parties; and

(iv) any third party providing services to Bon Vino, any of its related bodies corporate or Members in connection with the administration of Bon Vino Wine.

(d) Each Member and Guest Customer acknowledges that information collected by Bon Vino may be transferred to or from the United Kingdom for purposes set out in clauses 21(b) and 21(c) (as applicable)

(e) If the Member or Guest Customer does not provide all or any part of the requested information, the services and products provided to that Member or Guest Customer by Bon Vino, may be affected.

(f) Neither Bon Vino nor any Supplier will otherwise disclose a Member’s or Guest Customer’s personal information without that that party’s consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

(g) Bon Vino will provide a Member and the Guest Customer with access to and the ability to correct their personal information held by Bon Vino on request by that Member or Guest Customer. Further information is contained in our Privacy Statement on www.BonVino.co.uk.

(h) Further information on how Bon Vino handles personal information, and to the extent permitted or required by law, access and correct personal information can be viewed at https://www.bonvino.co.uk/policies/privacy-policy.

(i) This clause 21 survives the termination of these Terms and Conditions and the termination or suspension of Bon Vino.

22. General

(a) The Website may be used for a Member’s or Guest Customer’s personal non-commercial use only and not for any commercial use. Benefits, including Event tickets and Products (as applicable), may not be acquired for commercial use.

(b) If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions will continue to apply.

(c) These Terms and Conditions are governed by and will be construed in accordance with the laws applicable in England. For a Membership, this is irrespective of where the application for Membership has been completed by the Member or submitted to Bon Vino. Any action or other legal process in connection with these Terms and Conditions against Bon Vino must be instituted and carried on only in the appropriate court in the United Kingdom.