1. Introduction
The Cellar Rats website is owned and operated by Wine Delivery Online Ltd, a company incorporated in England and Wales with company number 14061272 and registered office at 293 Kenton Lane, Harrow, England, HA3 8RR.
These Terms of Use affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms of Use, do not use our website.
We’re at your disposal if you need any help or have any questions regarding our website. Simply visit our help centre at: https://wine.cellarrats.com/help-centre
We reserve the right to update these Terms of Use from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes to them.
2. Other applicable terms
You should familiarise yourself with our Privacy Policy, which also applies to your use of our Site and sets out the terms on which we handle the data we collect from you as well as the data you provide to us.
3. Access to our website
In certain cases, we reserve the right to restrict access to certain parts of our website.
Your account information (login address, password, or any other piece of identifiable information) is strictly confidential and should not be shared with any third party. We reserve the right to disable your access to this site if we have reason to believe you have failed to comply with the provisions of these terms.
Our website is for your personal use. You agree not to use our website or the content of our website for any commercial or business purposes.
You must not attempt to gain unauthorised access to our website, the server on which our website is hosted, or any server, computer or database connected to it. This is a criminal offence under the Computer Misuse Act 1990 and we’ll have to report you to the relevant authority and disclose your identity. And of course, you’ll no longer be able to use our website.
We can’t accept responsibility for any damage or loss suffered because of a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your device, programs, data, or other proprietary material as a result of using our website, downloading any material posted on it, or using/downloading content from any website linked to it.
4. Acceptable Use
Any material which you contribute or upload to our Site must be true, accurate and correct, comply with applicable law and must not defame any person, be obscene, offensive, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trademark of any other person, be likely to deceive any person, breach any legal duty owed to a third party (such as a contractual duty or a duty of confidence), impersonate any person, or misrepresent your identity or affiliation with any person.
You shall not knowingly transmit any data that can be harmful to our website including, but not limited to, trojan horses, worms, time-bombs, keyloggers, spyware, and adware.
5. Linking to our website
We want to give everyone the best possible wine, so the more people who know about us, the better. If you do want to tell your friends or family about Cellar Rats, or link to our website, please follow the guidelines below:
We’re proud of our reputation and will take whatever steps are necessary to protect it.
Please do not suggest any form of association, approval, or endorsement by Cellar Rats if none exists.
Please make sure you only include a link (not a frame) to the homepage of our website.
If you’re unsure, please ask us before linking to our website. We reserve the right to withdraw linking permission without notice if it doesn’t meet our guidelines.
6. Links on our website
We sometimes link to other websites and mobile apps. These links are there for your information only and we have no control over their content. We can’t guarantee they are factually correct, nor can we accept any responsibility for any damage or loss you may suffer as a result of their use.
7. Intellectual property rights
Everything that you see on our website is protected by copyright. Cellar Rats is either the owner or the licensee of the material published and of all the attached rights. All such rights are reserved, which means use of our website content is limited:
You can print off one copy, and download extracts of any page(s) of our website for your personal reference only, but not for commercial reasons (for this, you’ll need a license from us or our licensors).
Please don’t modify the paper or digital copies of any materials you’ve printed off or downloaded in any way. You are unable to use illustrations, photographs, video or audio sequences or any graphics without using the text that goes with them. Please always reference Cellar Rats or any other authors of materials on our website.
If you are unable to meet these guidelines, we will ask you to stop using our website immediately and to either return or destroy any copies you’ve made of our materials.
8. Warranties
The content of the website may change, be updated or suspended. Therefore, we are unable to give you, and we exclude, all representations and warranties as to the accuracy and completeness of the information published on our website. Nor can we guarantee that the material is up to date or that every service and product will be available at all times, or indeed that the website itself will not be discontinued in the future.
We can't be held liable and you will not be entitled to any type of compensation or other payment if the website is discontinued, if any content is inaccurate, or if any of our services are changed.
If you aren't happy with the website, its content, or availability, your sole right and remedy is to stop using the website.
9. Our liability
To the extent permitted by law, we and third parties connected to us expressly exclude any liability for any loss or damage of any nature, such as any business losses, whether direct, indirect or consequential, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill incurred by any user in connection with our website, or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms of Use limits our liability for death or personal injury arising from our negligence; fraudulent misrepresentation or misrepresentation as to a fundamental matter; or any other liability which cannot be excluded or limited under applicable law.
10. Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to our website if we believe that you have breached these Terms of Use at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms of Use. We may also remove the website as a whole or any sections or features of the website at any time.
11. Jurisdiction and applicable law
These Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
12. Registration
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. Please contact us if you believe that someone has accessed your account without your permission.
Please do not register more than one account with Cellar Rats and be sure to give us your correct name, address, date of birth, email and telephone number. Failure to do so may result in cancellation of your account.
13. Buying Products
You must be at least 18 years of age to make any purchases on Cellar Rats and you must be a resident in the United Kingdom. We deliver products only to addresses in the United Kingdom. We reserve the right to cancel your order if you are using an address forwarding service. This is to ensure that we are restricting access to our services in geographies outside of the United Kingdom.
All products are subject to availability. We will inform you as soon as possible if the products ordered are not available and we will refund you all sums paid.
Cellar Rats Monthly is issued on a repeat basis. This will be billed and delivered monthly until you decide to cancel.
You can cancel or pause your order at any time by contacting customer services via https://wine.cellarrats.com/help-centre. Alternatively, you can go to your Cellar Rats account, select your subscription under the account, and turn off orders yourself. Once you have paused or canceled your subscription, you will no longer receive (or be charged for) automatically recurring orders. However, please note that payment is taken before your order is due to be sent out. If your product has already been dispensed, we will be unable to issue you a refund.
14. Delivery of your products
We use registered delivery carriers in order to provide the best delivery service possible. Your delivery will be posted through the letterbox when possible and does not require a signature. Therefore, please be very careful if children or animals can access products delivered to you.
There may be instances where your delivery is delayed due to circumstances out of our control. We cannot assume responsibility for these delays, but we will do everything we can to ensure that the best service is provided to you.
If your delivery has been delayed by more than 7 days, please contact us and we will issue a redelivery for your product/s free of charge.
If your delivery has been delayed being dispatched by one of our providers for any reason, you are entitled to request to cancel the delivery and receive a full refund.
15. Returns, cancellations, refunds
Please note that for safety reasons, we do not accept returns of opened bottles or quarter bottles. As this is the case we are unable to offer refunds for returned orders unless they fall under the below reasons.
In addition to your rights above you may return a product if it is damaged, defective, or if the wrong product has been sent to you. On some occasions we may require evidence such as a photo of damaged, defective, or wrongly received treatment. We are unable to reimburse the cost of return delivery.
You have 14 days to change your mind about the products beginning after the day you receive the products, unless they are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products.
If the product, is damaged or defective, or the wrong product has been sent please let us know and we will either replace the product, or refund you the amount paid for you for the product in question.
You must return the product to us in accordance with our reasonable request as soon as possible after informing us that the product is damaged or defective. We are happy to accept requests for refunds for any products that are damaged, defective or have been issued in error, for up to 2 months after you received your item.
If you are entitled to a refund, the price paid for the product will be refunded to you by the same method that you used to pay. Refunds will be made once the matter is settled between our customer care team and yourself. You should expect your refund to reach your bank within 4-5 working days of it being issued.
If our delivery provider returns your parcel to us for any reason, we will keep it for you for 4 weeks and contact you about rescheduling delivery free of charge. If you do not reply to our attempts to get in touch with you within that 4-week timeframe, we will no longer be able to deliver the product.
If you cancel a subscription before we have had a chance to confirm your order, your order may also be cancelled and yourself refunded.
16. Use of the products
Always read all product packaging and labels carefully before using the product.
17. Cancellation by us
We may cancel your order if:
We have insufficient stock to deliver the products you have ordered.
We do not deliver to your delivery address.
We cannot obtain authorisation for your payment.
We cannot verify that you are aged 18 or over.
One or more of the products you ordered was listed at an incorrect price due to an error in typing or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by email and will refund you all sums paid within 30 days. We will not be obliged to offer any additional compensation for any disappointment suffered.
18. Making a complaint
Please visit our help centre at https://wine.cellarrats.com/help-centre
19. General
If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20. Age for purchasing
By accessing and/or using the Site you:
Agree that you have reviewed these Terms and Conditions (TERMS) and our Privacy Policy (available on the Site);
Confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and agree to use the Site in accordance with the Terms.
Under applicable laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol responsibly and in accordance with the law. You acknowledge that fulfilment of any order may be subject to age verification processes, including in person at the point of delivery, and by placing an order you consent to such checks being carried out by us and our partners.
Purchasers’ details will be checked to ensure eligibility to the sale.
21. Subscription
When you place an order for a Subscription, your first Subscription box may include a discount or a free gift.
Your Subscription will automatically renew each billing cycle, which will initially be monthly. You will be charged for each order on the calendar day corresponding to when you first placed your order for your Subscription (BILLING DAY).
The selection of products to be included in each order under your Subscription (PRODUCT MIX) will either be:
Made by you based on the selection available on the Site;
Made by us based on your preferences shared with us on the Site.
You may change the frequency of your Subscription at any time by updating your account on the Site (for example changing from quarterly to monthly).
You may upgrade or downgrade your Subscription to another tier at any time in the account page/ manage Subscription (or similar) and the upgrade or downgrade will become effective on the next Billing Day.
The payment method linked to your account will automatically be charged the subscription fee for your new Subscription tier on your next Billing Day.
Your Subscription automatically continues until cancelled in accordance with the ‘Cancellation’ clause.
22. Cancellation
You can cancel your Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account prior to you being charged on the next Billing Day. If you cancel your Subscription following you being charged on a Billing Day, your cancellation of the Subscription will be effective from the following billing cycle (meaning you will not be charged on the next Billing Day).
We may immediately suspend, terminate, or limit your access to and use of the Site and terminate these Terms, if you breach the Terms (including your obligation to pay the Subscription Fee) and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
23. Promotions
We may from time to time issue promotional discount codes for certain products or shipping on the Site. To claim the discount, you must enter the promotional discount code or meet the criteria at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
The "Free Wine Credit" promotion (hereinafter referred to as the "Free Wine Promotion") entitles eligible users to receive wine credits, which can be redeemed for a bottle or bottles of wine, up to a maximum value of £25. These credits will be issued when the customer meets certain conditions specified on the website.
Notwithstanding the foregoing, Cellar Rats reserves the right, at its sole discretion, to modify, suspend, or terminate all Promotions at any time and for any reason without prior notice, and shall not be held liable for any claims or losses arising therefrom.
The wine credits are non-transferable, non-exchangeable, and have no cash value. Cellar Rats further reserves the right to revoke or invalidate any wine credits granted under the Promotion, including but not limited to instances of suspected fraud or abuse. Participation in the Promotion constitutes acceptance of these Terms and Conditions, and any decisions made by Cellar Rats in connection with the Promotion shall be final and binding.
If a wine credit isn’t used within 90 days, the credit will be automatically removed from the customer's account. The wine credits are only redeemable by someone with an active Cellar Rats Monthly subscription (also referred to as being a CR Member).
Promotions are strictly limited to one per person. The creation of multiple accounts or other deceptive practices in an attempt to manipulate, exploit, or abuse our promotional offers is strictly prohibited. Users found to be engaging in such activities, including but not limited to, the creation of duplicate accounts, use of false information, or use of automated systems, will be subject to immediate account suspension or termination, forfeiture of any earned promotional benefits, and may be subject to legal action. We reserve the right to monitor and investigate any suspicious activities related to our promotions and to take appropriate action to ensure the fairness and integrity of our platform. By participating in our promotional offers, users agree to comply with these terms and conditions and acknowledge that any violation may result in severe consequences.
For social media promotions where we ask you to tag @getcellarrats the winner will be decided randomly on a yearly basis starting from 1st of Jan. We will credit the wine credit to the users account after confirming details with them. If for any reason we cannot confirm their account they will forfeit their right to the credits. All other wine credit terms still apply and we can remove them at any time if we see fit.
Free box promotion: This promotion offers a complimentary box to new subscribers upon signing up for a subscription with [Your Company Name]. To be eligible for this offer, participants must agree to subscribe to one of the available subscription plans. This promotion is intended for first-time subscribers only and is limited to one free box per customer. While the promotional box is provided free of charge, recipients are responsible for paying all applicable postage and handling fees associated with the delivery of the free box. The cost of these fees will be communicated at the time of sign-up and may vary based on the promotion and delivery location.
Sample £90 of wine context: When we mention the opportunity to "Try £90 of Wine" or "Sample £90 of Wine" in connection with our subscription boxes, this statement is based on an estimated value derived from the potential cost of sampling the equivalent wines in full bottle form. This estimation suggests that, if purchased individually as full bottles, the selection of wines provided in our boxes would, on average, cost £90.
This value estimate is calculated based on the median full bottle price of a specific selection of 50 wines currently stocked by Cellar Rats. For the purpose of this valuation, we consider wines numbered 60th to 110th in the chronological order they were added to our inventory system. This selection is representative of the diverse range and quality of wines we offer through our subscription service.
It's important to note that the prices of wines are subject to change due to market factors, seasonal availability, and our procurement costs. Therefore, the estimated value of £90 should be seen as an average benchmark rather than a guaranteed price. Additionally, the cost of these wines if purchased separately elsewhere might vary, as our pricing reflects both the quality and the exclusive deals we negotiate on behalf of our subscribers.
The mention of "Try £90 of Wine" or "Sample £90 of Wine" is intended for illustrative purposes only and does not imply that the box or its contents can be purchased for £90, nor does it guarantee that every box will contain wines with a cumulative retail value of exactly £90 if bought as full bottles from our inventory or any other retailer.
Cellar Rats reserves the right to modify the selection of wines used to calculate this average value without prior notice. Changes in the selection will reflect our ongoing efforts to provide a diverse and high-quality wine experience to our subscribers, potentially altering the median full bottle price used in our calculations.
By subscribing to our service, you acknowledge and agree to these terms, understanding that the "Try £90 of Wine" or "Sample £90 of Wine" promotion is a value estimate designed to convey the quality and potential savings offered through our curated wine subscription boxes.
For any cash back sites we work with (Quidco, Topcashback). Cash back will follow the platforms TnCs and be entirely at our discretion. However in all cases cash back is only applicable if you purchase Cellar Rats monthly at the price of £19.99.
24. Affiliation and ambassador programmes.
The Cellar Rats Affiliation Program is bifurcated into two distinct initiatives:
The Sticker Initiative, whereby customers obtain stickers encapsulating a unique QR code. A remuneration of £5 is accorded to the customer for every successful registration to Cellar Rats facilitated through the said QR code.
The Ambassador Initiative allows ambassadors to procure a commission of 10% from all sales referrals to Cellar Rats.
Cellar Rats retains the unilateral right to amend, modify, or terminate the Affiliation Program at any point in time, with or without prior notification to the participants.
In the context of the Sticker Initiative, customers are obligated to place the sticker on a property that they either have ownership of, or explicit consent to use. All legal liabilities ensuing from the unauthorized usage of the sticker will be borne solely by the customer.
All financial rewards and commissions will be computed and disbursed by Cellar Rats in strict compliance with the stipulations outlined in this agreement. Any contravention of these terms and conditions could lead to an immediate cessation of your participation in the Affiliation Program, forfeiture of accumulated rewards or commissions, and possible legal consequences.
Tracking mechanisms will rely on Google Analytics or the application of discount coupons. Any malfunction or unreliability in tracking systems may result in the annulment of payments associated with these customers.
Should the funds remain unclaimed six months post-accrual, the promoter relinquishes their right to withdraw it. If Cellar Rats discerns any malfeasance or fraudulent activity, we reserve the right to revoke your privilege to withdraw funds without necessitating justification.
By choosing to participate in the Affiliation Program, you are agreeing to abide by the terms and conditions stipulated herein.
Disbursements will be facilitated only when the customer's payable amount exceeds £100. All tax liabilities rest with the customer. Payments will be processed through PayPal.
25. Gift cards.
Your gift card must be redeemed within a 180-day period and is eligible for a full discount on subscription plans ranging from 1 to 12 months. Following the discounted period, the individual who has redeemed the gift card will be billed at the standard rate. Failure to claim the gift within the stipulated 180 days will result in its expiration, and under no conditions can a refund be provided.
26. Longer billing periods
Upon subscribing to our service, you can agree to pay for and receive monthly deliveries but for the duration of the chosen billing period (3, 6, or 12 months). You acknowledge that it is your responsibility to receive your monthly box within each month of your active subscription period. Unclaimed boxes will be held for you for a grace period of three months following the original scheduled delivery month. If you do not claim your box within this grace period, you forfeit the right to receive the box, and it will not be eligible for refund or replacement. As the service was made available to you and the non-claiming of the box is considered a fulfilment of our delivery obligation.