Consumer Terms and Conditions

  1. About us
    1. We are Le Mistral Wine Company
    2. We trade at our events and via this website
    3. Our registered VAT number is 374 8194 60
  2. Contacting us.
    1. To contact us telephone our Customer Services Team on 07843 597681 or by email ejfm@lemistral.wine
      Please read these terms and conditions carefully and make sure that you understand them before you place your order with us. On placing an order with us you agree to be bound by these terms and conditions.
  3. The contract between us
    1. By placing an order through the Website, you warrant that:
    2. You are legally capable of entering into binding contracts; and
    3. You are at least 18 years old (see section 3: Age restrictions).
    4. Our acceptance of your order will be when we process your payment, at which point we will send you an order confirmation email and the contract between you and us will come into existence (Contract). If you place an order with us on Saturday, Sunday or a bank holiday, it is likely that the order will be processed and confirmed on the following business day in the UK.
  4. Age restrictions
    1. 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. By placing an order, you confirm that you and the recipient of the alcohol are at least 18 years old.
    2. Please note that Le Mistral Wine Co operates an age verification policy which applies to all delivery and collection points, and you may be asked to provide ID both on collection and at delivery, depending on how you order. If our couriers are in doubt of the age of the recipient of an order, they will request some form of ID. If this is not satisfied, they are not permitted to leave the alcohol at the address submitted on the order.
  5. Order process
    1. You can order our products online via the Website or by contacting our Customer Services Team (via telephone or email).
    2. You can access your shopping basket, review your order, and make any changes to your order at any time until the point at which you place your order.
  6. Prices
    1. The prices payable for the products that you order are as set out in our Website. The price includes VAT (where applicable) at the current rate chargeable in the UK.
    2. Prices for our products may change from time to time, but changes will not affect any order you have already placed.
    3. We reserve the right to adjust prices, offers, products and their specifications at our discretion at any time before (but not after) we accept your order.
    4. We use our best efforts to ensure that the prices of products are correct at the time when the relevant information was entered onto the Website system. However, please see section 5.6 for what happens if we discover an error in the price of products you ordered.
    5. The price of the products does not include delivery charges, which may be payable by you depending on the value of your order and your delivery location. Our delivery charges (if applicable) are as advised to you during the check-out process before you confirm your order. The total cost of your order will be set out on the checkout page of the Website.
    6. We sell many products through our Website. It is always possible that, despite our best efforts, some of the products on our Website may be incorrectly priced or sized (in relation to the unit or case). If we discover an error in the price of the products you have ordered we will, at our discretion, either cancel your order and notify you of the cancellation or contact you to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We are not obliged to supply products at the incorrect price, case or unit size.
    7. Special conditions for Scotland
      1. For all our customers to benefit from our promotional deals and competitive pricing, wherever a ‘Mix Any Six & Save’ price (or any other deal as applicable) is offered in England, this will be single bottle price we charge in Scotland, unless such a price is under the minimum unit price threshold in Scotland (as outlined and updated by the Alcohol (Minimum Pricing) (Scotland) Act 2012).
      2. Alcohol laws in Scotland only cover deliveries that originate in Scotland, and any deliveries to Scotland originating from an English location will not be affected by such laws. In these instances, the prices shown online will be prices valid in England and (including Mix Any Six & Save discounts). This will also be applicable if you are based in Scotland and you are placing an order for delivery to an address in England.
  7. Our products
    1. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s (that being computer, phone or tablet) display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
    2. We reserve the right to amend the products if required by any applicable statutory or regulatory requirement.
    3. All product measurements are approximate only and the packaging of the products may vary from that shown in images on our Website.
  8. How to pay
    1. You can pay for the products via PayPal, American Express, Mastercard, Visa, Applepay and Googlepay.
    2. If products are returned, refunds will be processed within 14 days of receipt.
    3. Payment for the products and all applicable delivery charges is in advance of delivery, and we will take payment from you at the point that we dispatch your order to you.
    4. If we fail to take payment from you (for example, due to insufficient funds), your order and subsequent delivery will be suspended until payment is made and we will contact you to notify you of the issue and request that you make payment of the order.
  9. Returns and right for you to cancel your contract
    1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you can cancel your contract with us for the products you order, and obtain a full refund, if you notify us that you wish to cancel no later than 14 days from the date you receive the ordered products. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
    2. If you have received the products before you cancel your contract then you must send the products back to our contact address within 14 days of cancelling your order. If you cancel your contract but we have already processed the products for delivery you must not unpack the products when they are received by you and you must send the products back to us at our contact address.
    3. We may make a deduction from the amount refunded to you if the products have been used, individual bottles or cases are missing or the products or their packaging have been damaged.
    4. If you cancel the contract, the refund will be given (via the payment method you used when purchasing the order) within 14 days after we have received the returned products. A full refund will be given provided that the products in question are returned by you and received by us in the condition they were in when delivered to you. Returns and right for you to cancel your contract
    5. You will not be able to cancel if the products (a) have become mixed inseparably with other items after their delivery or (b) are bespoke in nature and have been made to your individual specification and/or requirements.
    6. If you want to cancel or return the products, you must email ejfm@lemistral.wine or contact our Customer Service Team by telephone on 07843 597681 If you are emailing us or writing to us, please include details of your order to help us to identify it (including your order number, your full name and your email address).
  10. Cancellation by us
    We reserve the right to cancel the contract between us if:
    1. we have insufficient stock to deliver the products you have ordered (and you have not opted for any substitutions);
    2. we do not deliver to your area or
    3. one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

    If we cancel your contract we will notify you by email and will refund any payment taken by us to the credit card or debit card, that you used to pay for the products with, as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

  11. Delivery of products to you
    1. We will deliver the products ordered by you to the address for delivery as otherwise provided by you at the time you make your order.
    2. An estimate delivery timeframe for each of our products is given on the individual product pages on our Website.
    3. Once the products have been dispatched, you will receive a dispatch confirmation email from us or you will receive an email from our carrier enclosing a tracking link and number in order for you to track your delivery.
    4. Delivery timeframes are not binding and are provided as estimate only. Therefore, the delivery timeframes cannot be relied upon as the guaranteed date of delivery. Occasionally our delivery to you may be affected by an event that we cannot control. See section 19 for our responsibilities when this happens.
    5. Delivery of the products may be attempted, by ourselves or our nominated courier up to three times, after which the products will be returned to us where we will ask you to contact us. If after failed delivery, you do not re-arrange delivery or collect the products from the location notified by us to you, we will contact you for further instruction and reserve the right to charge you for any further delivery costs.
    6. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will be entitled to end the Contract and refund the cost of the order, minus a reasonable sum to cover our costs incurred from the failed delivery.
    7. As payment is made by you in advance, you will become the owner of the products you have ordered when they have been delivered to you. Once the products have been delivered to you, they will be held at your own risk and we will not be liable for their loss, damage or destruction.
    8. It is your responsibility to make sure that an authorised person over the age of 18 is present at the delivery address, at the time of delivery, to sign our courier’s delivery note for the products.
    9. Please note that delivery to a neighbour or nominated safe place location may not be available for age restricted items such as wine and other alcoholic beverages. We will not be liable whatsoever if an unauthorised person, at the delivery address, takes and signs for the delivery. The courier’s confirmation that delivery has taken place will be binding.
    10. We deliver to mainland UK only and do not deliver to the Channel Islands.
  12. Product availability and substitutions
    1. Due to the nature of our products we cannot always guarantee the availability of the products (particularly specific vintage products). If we notify you that a product is unavailable after you place your order, and you have not opted for any substitutions at the point of ordering, we will contact you to either arrange a replacement or refund you the order (if payment has been taken), at your choice.
    2. If you opt for substitutions when placing an order with us, this means that if a product within your order is unavailable, we will replace it with a similar product of equal or higher value of our choice.
  13. Your responsibility to inspect the products on delivery
    If the products are damaged, faulty or otherwise defective, you should reject them on delivery, or, if a defect is found after acceptance we will (if they are proven to be faulty), replace or refund you.
  14. Our liability to you
    1. If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you are entitled to a refund or replacement up to 30 days after delivery. If you wish to exercise your legal rights to reject the products(s) please contact our Customer Service Team.
    2. We will not be liable for any damage to the products that has been caused by you after delivery of the products.
    3. Delivery timeframes are estimate only. If you do not receive the products ordered within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing by email or by post of the problem within 40 days of the date on which you ordered the products.
    4. Depending on the time in which you notify us of a problem and subject to our right to inspect, our only obligation will be, at your option:
      1. to make good any shortage or non-delivery;
      2. to replace any products that are damaged or defective;
      3. or to refund to you the amount paid by you for the products in question.
    5. You agree not to use the products for any commercial, business or re-sale purposes. We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition.
  15. We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
    5. defective products under the Consumer Protection Act 1987; and
    6. any breach of the terms implied by sections 9,10,11,13 and 14 of the Consumer Rights Act 2015.
    7. We will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question, in accordance with these terms and conditions. If we fail to comply with our contract, we are only responsible for loss or damage you suffer that is a foreseeable result of failure to comply with this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it were an obvious consequence of our breach or if it was contemplated by both you and us at the time we entered the Contract.
    8. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under any applicable law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  16. Our No Quibble Guarantee
    If you have ordered a bottle of wine which you did not enjoy, and provided it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to replace the bottle with a product to your satisfaction or give you a refund. In accordance with these terms and conditions we reserve the right not to refund or replace any products that were damaged by you or where we reasonably suspect that your return or claim is not genuine. For more information on our No Quibble Guarantee, please click here for more information.
  17. Notices
    Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at ejfm@lemistral.wine and all notices from us to you will be displayed on our Website from to time.
  18. Events that we cannot control
    We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
  19. Invalid terms
    If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
  20. How we use your personal information
    1. To supply you with the products we will need to collect and process your personal data. In doing so, we will comply will all applicable data protection laws when processing any personal data in order to fulfil our obligations to you.
  21. Third party rights
    Except for our affiliates, directors, employees or representatives, nothing in this contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
  22. Governing law
    We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take Court proceedings, then English law will apply and you may bring proceedings in respect of the Products in the courts of England and Wales.
  23. Complaints and contacting us
    1. If you need to contact us with a complaint or any other issue with your order or your experience with us, please contact us at ejfm@lemistral.wine giving as much detail as you can about the issue and your order. All complaints will be acknowledged within 2 working days and we will do our best to resolve your complaint within a further 72 working hours. You will be kept informed if there is any delay beyond this timescale.
    2. If you have any queries about your order, please contact our Customer Contact Centre via telephone on 07843 597681 or email at ejfm@lemistral.wine
  24. These terms and conditions
    1. These terms and conditions (together with our Terms of Use, our Privacy Notice and Cookies Policy) apply to all orders you place and any purchases you make via this website, telephone or email where you are purchasing as a consumer for private consumption and not for commercial purposes.
    2. Nothing in these terms and conditions will affect your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
    3. We may change these terms and conditions at any time and without notice to you in relation to future sales. Any changes will take effect on the date that the terms and conditions are published. Therefore, please check and ensure that you understand the terms and conditions which will apply at the time you purchase any products.