Terms and Conditions of Sale and Use

1. About us

We are Maurice & Harry SASU, a registered private limited company in France with registration number 948 077 854. You can find out more about us on our front page and our corporate information on the French government company listings website: https://annuaire-entreprises.data.gouv.fr/entreprise/maurice-et-harry-948077854

Our registered office address is Maurice & Harry, 1 Impasse du Château, Flaux, 30700, FRANCE, and you can contact us at that address, via the enquiry form on our contact page or by email on info@mauriceharry.com 

If we need to contact you about any order you place, we will contact you using the details you have provided for your membership account, which you can change at any time by logging into your account.

2. How to order

You must be a member of The Wine Society (and aged over 18) to order wines and other products from us. You may place an order in the following ways:

• On our website
• In person, at our shop in Flaux, France

Placing an order does not guarantee that the requested products are available or that we are able to accept your order (see Section 3: The Contract Between Us for more information).

3. The Contract Between Us

3.1 Your order

Your order is an offer to buy from us. We may acknowledge your order in writing and take payment from you at the time you place your order, but this does not mean that we have accepted your offer.

3.2 Our acceptance of your order

Maurice & Harry will not sell or be involved in the sale of wine and alcoholic drinks to persons aged under 18. If your order is for a gift, the recipient must be over 18 years. By placing your order, you confirm that the recipient is over 18 years old.

The point at which we accept your offer takes place when we notify you that your order has been dispatched for delivery.

There will be no contract of any kind between us until we accept your offer and, in the case of wines and goods to be delivered to you, when we notify you that we have dispatched the goods to you. At the time we accept your offer, a contract will come into existence between you and us.

Any payment you make at the time of your order does not mean that we accept your offer. The point at which we accept your offer is set out above, whether or not you have made any payment prior to that point.

3.3 If we cannot accept your order

We will inform you if we are unable to accept your order for any reason, and any payment you may have made will be refunded to you. If you have not yet made payment, you will not be charged. This might be, for example, because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

We reserve the right to refuse to accept your order or to restrict your ability to purchase wines on a temporary or permanent basis, for any reason. Examples include stock being unavailable, the need to ensure fair distribution of wines that are in limited supply, and/or instances where we consider that a member (or group of members) is purchasing in such a way as to cause a detriment to other members.

4. Product prices

4.1 Our prices

Prices of our wines and other products are stated in our promotional offers and on our website. Prices set out in printed materials are intended to be valid for the period stated, but these may be subject to change (please see Section 4.3: Incorrect Pricing below).

Unless stated otherwise, all prices shown include UK duty charges and VAT. If the VAT rate changes between the date of your order and the date that we take payment, we reserve the right to adjust the rate of VAT that you pay.

4.2 Delivery charges

Please see Section 8: Delivery for more information about delivery charges.

4.3 Incorrect pricing

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. This might be due to error, fluctuations in market conditions, changes in taxes or duties or other reasons.

All prices shown on our website, in our marketing collateral and in our shop are for information only and are not binding offers. In the event of a pricing error, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price, even if the order has been confirmed.

If we discover an error in the price of the goods you have ordered, and the price you paid was higher than the price we should have charged, we will confirm the order and credit your account with the difference. If the price you paid was lower, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

For single orders, payment is taken upon placement of your order. However, this payment does not signify acceptance of your order or the creation of a contract. In the event of a pricing error or order cancellation, your payment will be refunded in full.

5. Product descriptions

Images of our products and packaging on our website or in our promotional materials are for illustrative purposes only. Products and packaging may vary slightly from these images.

6. Stock availability and substitutes

6.1 Stock availability

All wines, spirits and other products and services are subject to availability. The availability of stock is indicated on our website, and we will inform you if you request unavailable products by phone.

6.2 Substitutes

If a wine or other product you have requested is unavailable, we will try and contact you to discuss an alternative. Suggested substitutes will be displayed on the website or notified to you on the phone, and you may choose whether or not to accept them.

If we are unable to fulfil your order at the point of picking, you will be notified and a refund will be processed.

6.3 If we have already accepted your order

If, due to an error, you are able to place and pay for an order for stock that is unavailable, we may:

• cancel your order and refund in full any charges that you have paid (including any delivery charges); or
• call to discuss a suitable alternative.

6.4 If you are unhappy with a substitute product

If you are unhappy with any substitute product that we have provided to you, you may have the right to cancel the contract between us, return the product and receive a full refund (see Section 10: Returns and Cancellations for more information).

7. Payment

7.1 How to make a payment

Unless otherwise stated, we accept payment via Debit or Credit Card (please note that the types of cards accepted will be notified to you on the website when you place your order). Card payments will be taken when you place your order.

Payment for any new subscriptions for services requiring regular payment must be made by credit/debit card. We will retain authorisation that enables us to take further payments, but we will not retain your full card details. Direct Debit payments for existing subscriptions will continue unless or until you cancel the service.

Please note that where payment has not been made when it is due, this may result in us cancelling your order and/or ending our contract with you. For further information please see  clause 11.1.  

7.2 Consequences of non-payment

If we do not receive payment from you in full when it is due, we will send you a reminder that payment is due and may choose to suspend the supply or delivery of the goods to you until you have paid us the outstanding amounts in full.

Where we do not receive payment in full for goods following our reminder that payment is due, we may choose to cancel your order and/or end the contract with you in accordance with section 11.1.

In circumstances where outstanding payments due to us have been outstanding for some time and we do not hear from you, we may engage third parties to assist us in the collection of outstanding amounts.

8. Delivery

8.1 Delivery dates and times

We will usually deliver your order on an agreed date, depending on the delivery method that you choose.

Please note that we cannot specify an exact delivery date for deliveries to The Isle of Man, The Isle of Wight, The Isles of Scilly and some areas of Scotland.

Any anticipated dates or time windows for deliveries are estimates only and subject to change and we will not be liable for any delays outside our control. Deliveries may arrive earlier or later than the date and time indicated.

8.2 Collection from our shop in France

Members may pre-order wine for collection from our shop in Flaux, 30700, France. Pre-orders must be placed before 12pm Monday to Friday for collection on the next working day or after.

8.3 Damaged or missing goods

Please check your delivery on arrival and report any damaged or missing goods immediately by emailing info@mauriceharry.com or contacting us via our online enquiry form. Claims for non-delivery, breakage or leakage are only accepted within 30 days of the confirmed delivery date.

8.4 Delays

We will always try to deliver your order on time, but sometimes there may be delays for reasons beyond our control. If you have not received a delivery that you were expecting, please contact us on info@mauriceharry.com or via our online enquiry form.

Please note that some multi-case orders may get separated. If you do not receive the balance of your order within 3 working days of the first delivery, please contact us.

9. Ownership and responsibility for goods

We remain the owner of all wines, spirits and other goods that you order until we notify you that the goods have been dispatched, or you have collected your goods.

Title to any goods that you order shall not pass to you if we have not received payment in full for those goods.

Responsibility for any loss of or damage to the goods remains with us until we have delivered the goods to the address or location specified by you (or until you collect the goods or have them collected). After this point, we will not be responsible for any loss of or damage to the goods.

If you give us instructions for an alternative delivery location, such as a safe place or with a neighbour, delivery is completed (and you will be responsible for any loss of or damage to the goods) once we have left the goods at the requested location.

10. Returns and cancellations

This Section 10 explains your rights to cancel a contract between us for the sale of wines and other products.

10.1 Your rights as a consumer

When you buy wines and other products from us as a consumer, you have certain legal rights in respect of the quality of the goods and the circumstances in which you can cancel the contract and receive a refund.

You are always entitled to exercise your statutory rights as a consumer, but our Returns and Cancellations policy is more generous than the law requires. If you have any questions about your rights as a consumer, or under these terms, please contact us.

10.2 If you change your mind

If you change your mind about some or all of your order, you may contact us within 14 days of receipt of the goods to cancel the contract and receive a refund. We will arrange to collect the unwanted wines. If you change your mind later than this, you can still rely on our quality of service (see Section 12: Our promise).

Please note that you will not be refunded any enhanced delivery fees (if you opted for one of our premium delivery services), and we may deduct a reasonable sum from your refund if any of the returned goods are not in saleable condition and their original packaging.

We cannot offer refunds or exchanges if you change your mind about an order for any perishable goods (such as hampers or other items containing food).

10.3 Ending the contract because of something we have done

If you wish to cancel your order for any of the reasons listed below, please contact us to let us know. We will cancel your order and we will refund you in full for any products which have not been provided. These reasons are:

• we have told you about a significant change to the product, or to these terms, which you do not agree to;
• we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
• there is a risk that supply of the products may be significantly delayed because of events outside our control. 

If a contract has come into existence between us, you have a legal right to end the contract because of something we have done wrong (including where we fail to deliver your goods on the agreed date). Please contact us to let us know. The contract will end immediately, and we will refund you in full for any products which have not been provided.

10.4 Gift returns

We will only accept returned gifts, and arrange refunds in accordance with these terms, where this is sought by the member who purchased the gift originally.

10.5 How to cancel your contract

If you wish to cancel your order or contract with us for any reason, please contact us as soon as possible to let us know by:

• cancelling your account;
• emailing us on info@mauriceharry.com;
• contacting us via our online enquiry form; or
• writing to us at the address at the top of these terms.

If your order has already been picked or dispatched, it may not be able to be cancelled.

10.6 Refunds and account credit

Where you are due a refund under these terms, we will process your refund within 14 days either to the same payment method that you originally used to make payment (or, if this is not possible, by BACS transfer).

11. Our rights to refuse your offer, or end the contract

11.1 If we are unable to accept your offer

If there are any issues with your order, we will always seek to contact you to resolve them first. However, we reserve the right to refuse to accept your order or to restrict your ability to purchase wines on a temporary or permanent basis for any reason (as referred to in clause 3.3).

11.2 Refusing to accept an order because of something you have (not) done

If we do not accept your offer in the following circumstances:

• if payment is not received when it is due, and we still do not receive it within any additional time we allow you;
• if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products that you have purchased; or
• if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us,

We will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of these issues.

11.3 If the product is unavailable or there was an error in pricing

We may be unable to accept your order if:

• there was an error in the pricing (see Section 4.3: Incorrect Pricing) or description (see Section 5: Product Descriptions) of the product; or
• the product is out of stock (see Section 6: Stock Availability and Substitutes).

If this happens. we will refund any money you have paid, including any delivery charges.

11.4 If you break the contract

If there are any issues with the contract between us, we will always seek to contact you to resolve them first. However, we reserve the right to cancel the contract if you do not comply with any of these terms, including payment not being received when it is due and still not being received by us within any additional time we allow you, or otherwise as provided in these terms.

12. Our promise

We want to ensure that you enjoy every bottle of wine you purchase from us. If you haven't enjoyed a wine, whether you believe it to be faulty, not as you had expected, or simply not to your taste, please contact us at info@mauriceharry.com or report a problem via our online form.

This applies to all wines that have been stored in suitable conditions and are still within their recommended drink dates.

If the wine is faulty (such as if it is corked or oxidised), you may be entitled to receive a refund for the value of the faulty bottles, subject to investigation.

We reserve the right to collect faulty bottles for inspection so please retain them for a period of 45 days after notifying us of the problem.

13. Tasting and events

Where we sell tickets to our tastings or other events, the following terms apply:

13.1 Age verification

You must be at least 18 years old to attend our tastings and other events. We operate a Challenge 25 policy at events (and in our showroom) so any attendees who appear to be under 25 years of age will be asked to provide photographic identification and will not be permitted entry without identification. It is your responsibility to ensure that you and your guests have suitable ID with you, and no refunds will be issued if you are refused entry for not providing valid ID.

13.2 If we cancel the event

We reserve the right to cancel any advertised event if insufficient tickets are sold, or if we are unable to proceed with the event for reasons beyond our control. If you have purchased a ticket, we will contact you as soon as a decision is made and a full refund will be arranged.

13.3 If you wish to cancel your ticket

If you wish to cancel a ticket that you have purchased for a tasting or other event, please contact us as soon as possible. If you cancel your ticket at least 7 days before the date of the event a full refund will be arranged.

If you cancel your ticket later than 7 days before the date of the event, we will seek to find another buyer for your ticket. If we are able to re-sell your ticket, a full refund will be arranged. If we are not able to re-sell your ticket, you will not be entitled to a refund (but you may still attend the event, if you change your mind).

14. Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us

If we break the contract between us, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit our liability to you where it would be unlawful to do so

This includes our liability:

• for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
• for fraud or fraudulent misrepresentation;
• for breach of your legal rights in relation to the products; and
• for defective products under the Consumer Protection Act 1987.

14.3 We are not liable for business losses

Unless we otherwise agree with you in writing, we only supply our products for domestic and private use, and you are not permitted to use our products for any commercial, business or re-sale purpose. If you use our products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. Other important terms

15.1 Protecting your personal data

We will only use your personal information as set out in our Privacy Policy. If you have any questions about our use of your personal data, or your privacy on our website, please contact us.

15.2 Changing these terms

We may update these terms from time to time and we recommend that you check these terms on our website prior to placing an order so that you know which terms will apply to the contract between us. We will give you reasonable notice of any significant changes to our terms, where possible.

Where we have an ongoing contract with you for recurring products or services we will give you reasonable notice (at least 14 days) of any changes to these terms and you may have the right to cancel your contract with us if you do not agree to such changes.

15.3 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.4 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, the other person is not a Maurice & Harry subscriber.

15.5 Nobody else has any rights under this contract

This contract is between you and us and no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.6 If a court finds part of this contract illegal, the rest will continue in force

Each paragraph within these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.7 If we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.8 Which laws apply to this contract and where you or we may bring legal proceedings

Although Maurice & Harry SASU is a French company, these terms are governed by English law and you or we can bring legal proceedings in respect of the products in the English courts.