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Terms of Use

1.  What are these terms?

1.1. These terms apply to your use of the Monty’s Wine Emporium website, namely www.montyswineemporium.com (the website).

1.2. These terms should be read in conjunction with the Privacy Policy and Cookies Policy for the website, which tells you how we collect and use personal data you provide to us or that which we collect.

1.3. By accessing or using the website, you confirm you have read, understood and agree to be legally bound by these terms and our Privacy Policy and Cookies Policy in their entirety each time you access the website. If you do not agree to these terms or the Privacy Policy and Cookies Policy, please do not use the website. We recommend that you print a copy of these terms for future reference.


2. Who we are

2.1. This website is operated by Montague Fine & Rare Wines Limited (we, us, our).

2.2. We are a limited company registered in England & Wales under company number 06852174, and our registered office is at 118 Pall Mall, London SW1Y 5EA, UK.

2.3. Our VAT number is 947269774.

2.4. We are a government approved wholesaler of alcohol under Her Majesty's Revenue and Customs (HMRC) Alcohol Wholesaler Registration Scheme (AWRS). Our government registration record can be checked against the official HRMC website with our Unique Reference Number (URN) below.

2.5. Our AWRS URN is XYAW00000114886.

2.6. To contact us, please email drink@montyswineemporium.com or telephone +44 (0) 1242 303736.


3.  Use of the website

3.1. You may use this website for lawful purposes only and in a way that does not infringe on the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of our website. You must not use the website in any way that breaches any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent. 

3.2. To comply with licensing and other legislation, our website is only available to those aged 18 years and over. By using our website, you agree that you are aged 18 or over. If you are not, you must not use our website. We will ask you to enter your date of birth before making any purchases.

3.3. You are allowed to download and print the materials on this site for your own personal, non-commercial use only.

3.4. You must not:

(a) print any or all parts of the website for any commercial purpose;

(b) copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the material on this website, either in whole or in part;

(c) remove any copyright, trademark or other intellectual property notices;

(d) use the website to transmit or procure the sending of any unsolicited or unauthorised spam or

advertising material;

(e) seek to interfere with or damage the website or its content;

(f)  frame, embed, harvest, scrape data from or link to this website or its content or use the material on this website, or any part of it, on any other website or social media platform;

in each case without first obtaining express written consent from us.

3.5. Some areas of our website may require you to register an account with us in order to purchase products. By registering, you agree that:

(a) The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.

(b) You will notify us immediately of any changes to your personal information by updating your details within the “My Details” section of your online account or by contacting us using the contact set out at the beginning of these Terms.

(c) You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.

(d) If any information provided by you is untrue, inaccurate, not current or incomplete or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of our website or your account.


4.  Content

4.1. The website is intended to provide general information only. 

4.2. We endeavour to ensure that the material contained on the website is accurate and complete at the date first published. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date. You should recognise that information contained on this website may become out of date over time.

4.3. We reserve the right to alter, remove or update materials and information on the website at any time without notice.

4.4. The website and the information contained in it is provided for your use "as is" without any warranty (whether express or implied) of any kind.


5.  Availability of the website

5.1. We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

5.2. To the extent permitted by law, we accept no liability if the website becomes temporarily or permanently unavailable.

5.3. In addition, we do not warrant that the functions or materials on or accessed from this website shall be uninterrupted or free from errors.


6.  Changes to these terms

6.1. We reserve the right to change these terms at any time without notice.

6.2. It is your responsibility to check the terms regularly to be aware of any changes made to them.

6.3. By continuing to access this website after the terms have changed, you agree that you have read, understood and agree to be bound by the updated terms.


7.  Ownership of the website 

7.1. We are the owner or licensee of all intellectual property rights in the website and in the materials which appear on this website. This includes but is not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved.

7.2. If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably to waive all moral rights you may have acquired.


8.  Reviews, comments & content

8.1. Users of this website may post reviews, ratings, comments and other content. This right is extended on condition that the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or objectionable. Specifically, content should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings.

8.2. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

8.3. The name associated with your online account may be published against each product review left.

8.4. We reserve the right to remove or edit any content if illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or objectionable.

8.5. If you post content or submit material, unless indicated otherwise, you: 

(a) Grant Montague Fine & Rare Wines Ltd the right to use the content and the name that you submit in connection with such content via all of our relevant channels (such as social media and on our website and in-store);

(b) Agree that the rights you grant above are irrevocable during the period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content;

(c) You confirm that you own or otherwise control all of the rights to the content that you post; that, as of the date that the content or material is submitted to Montague Fine & Rare Wines Ltd, the content and material is accurate; use of the content and material you supply does not breach any Montague Fine & Rare Wines Ltd policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);

(d) You are solely responsible for securing and backing up your content.

8.6. This website may include information and materials uploaded by other users of the site, including reviews and comments. This information and these materials have not been verified and approved by us. The views expressed by other users on our site do not represent our views and values.

8.7. If you wish to complain about content uploaded by other users, please contact us in accordance with paragraph 2.4 above.


9.  Viruses and hacking 

9.1. We do not warrant that the website, its content or the server(s) that make it available are error or virus-free, free of other harmful components, or that your use of this website will be uninterrupted. You are accessing this website at your own risk and to the extent permitted by law and subject to clause 13.1. We will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material you access from this website.

9.2. You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.

9.3. You must not introduce viruses, trojan horses, worms, logic bombs, spyware, adware or other harmful materials to this website which may adversely affect the operation of any computer or program or this website. You must not attempt to gain unauthorised access to the website, the server on which the website is stored, or any server computer or database connected to the website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


10.  Linking to and from the website 

10.1. This website may contain links to sites operated by third parties. We have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability, howsoever arising in respect of any of such sites.

10.2. The presence of links to third-party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any advice or information posted on them.

10.3. If you wish to provide a hypertext or other link to or from this website, you must first obtain our written consent. We have sole discretion to permit or reject any such requests.


11.  Password 

11.1. There may be sections of this website that can only be accessed by users whom we have given a password.

11.2. If we provide you with a username and password, it is your responsibility to ensure that these details are kept confidential at all times, and you must not disclose your password to any third party.

11.3. In the event that a third party gains access to your username or password, you should notify us immediately by emailing drink@montyswineemporium.com and immediately change your password by using the “forgot your password” function on our website. We are not liable for any loss resulting from your failure to protect the confidentiality of your username or password, including unauthorised access to or loss of your information (which may include purchase information) stored with your ID details. Please see our Privacy Policy for further information on how we store your personal data. 

11.4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms.


12.  Our liability

12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.2. If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted, accessed, or used this website and accepted these terms in doing so. We do not accept liability for any loss or damage which was not foreseeable.

12.3. Nothing in these terms affects your legal rights as a consumer. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

12.4. You agree not to use the website for any commercial or business purposes (except where you are one of our business/trade customers and are purchasing goods in connection with your trade, business, craft or profession, if applicable), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


13. General

13.1. If any of the terms is or becomes invalid or contravenes any law, the remaining provisions shall not be affected.

13.2. No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver of our right subsequently to exercise any such remedy.

13.3. It is intended that the website will be used by persons resident in the United Kingdom.

13.4. These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

13.5. If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

13.6. If you are a business user, you and we both agree to submit to the exclusive jurisdiction of the English courts.