By agreeing to these Terms it also constitutes youragreement to the Site Privacy Policy which is incorporated herein. By accessingor using any part of the site, you accept, without limitation or qualification,these Terms. If you do not agree with all of the Terms set forth below, you maynot use any portion of the site. Price information found on this site issubject to change without notice. CASEDROPS reserves the right to changethese Terms and Conditions of Use at anytime without notice, but will not changethese Terms in relation to orders which have been placed and acknowledged by CASEDROPSbefore the change is made. We grant you a personal, limited, non-transferablenon-exclusive, license to access and use the Site. We reserve the right, in oursole discretion and without notice to you, to revise the products and servicesavailable on the Site and to change, suspend or discontinue any aspect of theSite and we will not be liable to you or to any third party for doing so. Wemay also impose rules for and limits on use of the Site or restrict your accessto part, or all, of the Site without notice or penalty. Your continued use ofthe Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own non commercial personal use and incompliance with these Terms. You are responsible for your own communications,including the transmission, uploading or posting of information and areresponsible for the consequences of such communications to the Site. Any otheruse of the Site requires the prior written consent of CASEDROPS. You may nototherwise copy, modify, or distribute the contents of this Site without theexpress written permission of CASEDROPS. You may not modify, publish, transmit,participate in the transfer or sell, create derivative works from, or in anyway exploit, any of the content, in whole or in part, found on the Site. Werequire all Members to agree not to use the Site, and specifically prohibit anyuse of the Site, for any of the following purposes: Posting, communicating ortransmitting any material that infringes on any intellectual property,publicity or privacy right of another person or entity; Posting any informationwhich is untrue, inaccurate or not your own or which is defamatory, derogatory,fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue,malicious, offensive, harassing, threatening, racist, obscene, vulgar,indecent, pornographic or of a sexual nature; Engaging in conduct that wouldconstitute a criminal offense or give rise to civil liability or otherwiseviolate any law or regulation; Attempting to interfere in any way with theSite’s or CASEDROPS’s network security, or attempting to use the Site’s serviceto gain unauthorized access to any other computer system; You may not usespiders, robots, data mining techniques or other automated devices or programsto catalog, download or otherwise reproduce, store or distribute contentavailable on the Site. Further, you may not use any such automated means tomanipulate the Site, such as automating what are otherwise manual or one-offprocedures. You may not take any action to interfere with, or disrupt, the Siteor any other user's use of the Site, including, without limitation, via meansof overloading, "flooding", "mailbombing" or"crashing" the Site, circumventing security or user authenticationmeasures or attempting to exceed the limited authorization and access grantedto you under these Terms. You may not frame portions of the Site within anotherweb site. You may not resell use of, or access to, the Site to any third partywithout our prior written consent.
2. Registration and Passwords
In order to access certain services on the Site, you will be required toprovide specific information. All information about you must be truthful, andyou may not use any aliases or other means to mask your true identity. Anyaccess codes or passwords provided should be safeguarded at all times. You areresponsible for the security of your access codes and passwords and will besolely liable for any use or unauthorized use under such access codes orpasswords. We may suspend or terminate your access at any time with or withoutnotice.
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products,orders or your use of certain portions of the Site, including with respect toPrivacy Policy.
4. Your personal information
We are committed to protecting the information we receive from you. We followreasonable technical and management practices to help protect theconfidentiality, security and integrity of data stored on our system. We willnot sell, distribute or lease your personal information to third parties unlesswe have your permission or are required by law to do so. For more information,please refer to our Privacy Policy.
5.Membership
The Site is available to registered users who are 18 years and older and whohave not been suspended or removed by CASEDROPS for any reason. We reserve theright to revoke your membership for any reason at any time including as aresult of a violation of these Terms or the Privacy Policy, without notice.Where we revoke your membership, this will not affect current orders which wehave acknowledged unless we revoke as a result of your breach of these Terms orthe Privacy Policy or any other guidelines or rules, in which case we mayterminate all existing orders and will not be obliged to make any refund. Inthe event that we revoke your subscription membership, you will be reimbursedany subscription fees on a pro rata basis. Membership is void where prohibitedby law.
6. Orders and Contracts
CASEDROPS Membership Packages (“Memberships”) may be applied for by filling outthe form on our homepage. Users holding Memberships will then be invited toplace orders. All orders are subject to acceptance by CASEDROPS. CASEDROPS isnot obliged to accept your order and may, in its discretion, decline to acceptany order. Where CASEDROPS accepts your order, it will confirm such acceptanceto you by sending you an email that confirms that CASEDROPS has recognized yourpurchase of a Membership. By purchasing a CASEDROPS Membership you acknowledgethat your Membership has an initial and recurring payment feature and youaccept responsibility for all recurring charges prior to cancellation. Yoursubscription will be automatically extended for successive periods described toyou in your confirmation email, at the original subscription rate. AnyMembership cancellations need to be done prior to the specified renewal date.To cancel your subscription at any time, you must do so via our app (CASEDROPS.co.uk/app).We will respond to you in a timely manner with confirmation of yourcancellation. We reserve the right to revoke your subscription at any time as aresult of a violation of these Terms or the Privacy Policy. Membership is voidwhere prohibited by law.
7. Free Trial Period
Any user on a free trial must cancel their Membership before the indicatedTrial End period if they no longer want to become a Member. This can be donewithin the profile section of the app. The subscription fee taken at the TrialEnd period is non-refundable. Email help@CASEDROPS.co.uk with any furtherquestions.
8. Refunds
If a wine bottle breaks in transit to the customer (between the CASEDROPSoffice and the customer's address), CASEDROPS will issue store credit for theoriginal value of the purchased bottle. If the wine breaks after it has beendelivered to the customer's address, CASEDROPS does not refund or replacedamaged or broken bottles. CASEDROPS reserves the right to dispute thereception of a damaged or broken bottle. CASEDROPS’s shipping partners normallyalert CASEDROPS in the event of a broken bottle before it is delivered. If thisoccurs with your bottle, CASEDROPS will issue store credit. CASEDROPS is notobliged to refund or replace any wine for any other reason, including but notlimited to, personal taste, wine being 'corked', wine being 'oxidized', bottlebeing damaged but still functional.
9. Proprietary Rights
You acknowledge and agree that the content (other than content that may besubmitted by Members), materials, text, images, videos, graphics, trademarks,logos, button icons, music, software and other elements available on the Siteare the property of CASEDROPS or our partners and are protected by copyright,trademark and/or other proprietary rights and laws. You agree not to sell,license, rent, distribute, copy, reproduce, transmit, publicly display,publicly perform, publish, adapt, edit, modify or create derivative works fromany content or materials on the Site. CASEDROPS and the CASEDROPS logo areregistered trademarks TO CONFIRM THIS. All other trademarks are the property oftheir respective owners. All of our Site's content is the property andcopyright of the CASEDROPS. All rights reserved. Except as expressly set forthin these Terms, no license is granted to you and no rights are conveyed byvirtue of accessing or using the Site. All rights not granted under these Termsare reserved by The CASEDROPS and its affiliates.
10.Submitted Content
By submitting or posting any materials or content on the Site, you grant CASEDROPSa perpetual, irrevocable, non-terminable, worldwide, royalty-free andnon-exclusive license to use, copy, distribute, publicly display, modify,create derivative works on our websites and apps and in any other materials ormedium, and sublicense such materials or any part of such materials. Thismeans, for example, that we can continue to use and display that content evenif you ask us to remove it or after your registration or subscription hasended. If you do not want to grant CASEDROPS the rights set out in thisparagraph, please do not submit your content to us. You confirm that anymaterials you provide do not include anything (including, but not limited to,text, images, music or video) to which you do not have the full right to grant CASEDROPSthe license specified above. You also confirm that any materials you providewill not contain libelous or otherwise unlawful, abusive or obscene material. CASEDROPSwill be entitled to use any content submitted by you without incurringobligations of confidentiality, attribution or payment to you. To the extentpermitted by applicable law, you agree to waive all moral rights in any contentthat you post or send whilst using the Services, including the right to beidentified as the author of such content. CASEDROPS reserves the right to usecontent that you post to social media that specifically concerns or references CASEDROPS,its partners and the products it offers. This content may be shared by CASEDROPSon its own social media properties, with third-parties, and on the Site.
11. Disclaimers
CASEDROPS is not responsible if you cannot access the Site properly or at allbecause your ISP connection, the Internet generally or your browser software isinadequate or functioning badly, or if your ISP suspends or terminates theirservice to you, or because of any other event outside CASEDROPS's control. Ifyou cannot access the Site properly or at all because any of these reasons, CASEDROPSwill not refund any money you have paid or compensate you. Making the Siteenjoyable means CASEDROPS needs to fix bugs, install updates and do generaldiagnosis and maintenance of the Site. CASEDROPS will try to do scheduledmaintenance during what CASEDROPS anticipates will be relatively low levels ofonline use. CASEDROPS also needs to be able to do emergency maintenance and/orsuspend access to the servers where, in CASEDROPS's reasonable discretion, CASEDROPSsees the need to do that. CASEDROPS will try to have the Site available againas soon as CASEDROPS thinks it is safe to do so. The Site relies in part onsoftware to work. Software has bugs. Whilst CASEDROPS will monitor the Site andtry to fix bugs that are made known to us, CASEDROPS cannot guarantee that theSite will be bug-free or will work all the time. It is not a term of theseTerms of Use that the Site or any individual feature of the Site will always beavailable, error free and/or free from viruses. Where the Site contains linksto other websites and third party products or services, these links areprovided for your information only. CASEDROPS is not responsible for thecontent of these websites or products or services.
12.Indemnification
You agree to indemnify CASEDROPS and its group companies liabilities and thereasonable costs (including reasonable legal fees), sustained or incurred as aresult of content posted to the Site by you being in violation of these Termsand/or CASEDROPS's Review Guidelines.
13. Limitation of Liability
CASEDROPS excludes: (a) any responsibility for or liability arising out of anydealings you have with third parties that take place using or facilitated bythe Site; and (b) any liability for losses which are not aforeseeable or likelyconsequence of your use of the Site, or of a breach of these Terms. Forexample, losses are foreseeable where they could be contemplated by you and CASEDROPSat the start of your membership. CASEDROPS will not be liable to you over theentire period of your use of the Site for any loss in excess of (a) the totalvalue of products or subscriptions ordered by you via the Site from time totime and (b) $250, whichever is the higher. Notwithstanding this, nothing inthese Terms will affect any liability we may have for: (a) death or personalinjury arising from our negligence or our liability; (b) fraudulentmisrepresentation; (c) for breach of any obligations implied by section 12 ofthe Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act1982 or (d) any other liability that cannot by law be excluded or limited.
14. Copyright Infringement; Notice and Take Down Procedures
CASEDROPS specifically prohibits the posting of any content that violates orinfringes the copyright rights and/or other intellectual property rights(including rights of privacy and publicity) of any person or entity. If youbelieve that any material contained on this Site infringes your copyright orother intellectual property rights, you should notify us of your copyrightinfringement claim.
15. Severability If any part of these Terms shall be held or declared to beinvalid or unenforceable for any reason by any court of competent jurisdiction,such provision shall be ineffective but shall not affect any other part ofthese Terms.
16. Waiver; Remedies; Variations, Entire Agreement
The failure of CASEDROPS to partially or fully exercise any rights or thewaiver of CASEDROPS of any breach of these Terms and Conditions by you shallnot prevent a subsequent exercise of such right by CASEDROPS or be deemed awaiver by CASEDROPS of any subsequent breach by you of the same or any otherterm of these Terms. The rights and remedies of CASEDROPS under these Terms andany other applicable agreement between you and CASEDROPS shall be cumulative,and the exercise of any such right or remedy shall not limit CASEDROPS’s rightto exercise any other right or remedy. These Terms may not be varied exceptwith our express written consent. These Terms and any document expresslyreferred to in them represent the entire agreement between us in relation tothe subject matter of your use of the Site and any order.
17. Governing Law
The operation of our site and Contracts for the purchase of Goods through oursite are governed by English law. Any dispute arising from, or related to, suchContracts shall be subject to the non-exclusive jurisdiction of the courts of California.
18. Raffles
a) The cost of each ticket entry can vary depending on the prize. Payment toenter the raffle must be made in advance of the draw date. Any payment receivedafter the draw date will be refunded.
b) No tickets can be sold to, on behalf of, or for a person under the age of 18years. CASEDROPS reserves the right to carry out age verification checks.
c) If a ticket is sold unknowingly to, on behalf of, or for a person under theage of 18 he/she will be exempt from the raffle and will forfeit his/her prizeand the stake will be returned.
d) Only CASEDROPS members on Mainland UK are eligible for entry. Any entriesmade by people outside of this designation will forfeit his/her prize and thestake will be returned.
e) Free entry by post: To enter any Competition for free, you must be a CASEDROPSmember. If you have done so you must send your full name, postal address, dateof birth, e-mail address, contact telephone number by post to CASEDROPS, 85Great Portland Street, London, England, W1W 7LT specifying the Competition youwish to enter and any details required in connection with the relevantCompetition. First or second-class postage must be paid. Postal Entries arelimited to one Entry to each Competition per person. Multiple entries ofpersons living in the same household are accepted up to the maximum order forthat promotion. Each entry however will need to be sent separately. A randomnumber will be allocated to each correct and valid free Entry by us in the sameway as for paid entries. Save as specified in the Agreement or as required bycontext, all free Entries will be treated in the exact same way as a paidEntries.
f) The winner is announced via video where all CASEDROPS members can see thefull names of raffle participants. By purchasing a raffle ticket, youacknowledge that your full name will be made visible on the video where thewinner is picked.
e) By purchasing a raffle ticket, you are giving us permission to take photosand videos of you for our public social media if you win.
19. Rules for Purchasing and Storing Wine
19.1 Transfer of Ownership
When you purchase wine through CASEDROPS, ownership and title to the winetransfers to you immediately upon payment completion, regardless of whether youchoose immediate delivery or storage with us.
19.2 Storage Service
CASEDROPS offers, at your request, a complimentary storage service for winesyou have purchased but wish to consolidate before delivery. By using CASEDROPS,you explicitly request that we hold your purchased wine in our warehouse until:
• You have accumulated a full case (6 is the default case size)
• You manually request delivery through your account
• Unless you have a 'gold' membership (which includes free storage for up to100 bottles), 90 days have passed since purchase (at which point we will startcharging you $0.5/bottle/month in storage fees)
19.3 Identification of Your Wine
All wines stored under this arrangement are identified in our inventorymanagement system as your property, with a unique customer reference number.These wines are digitally allocated to your account and are no longer availablefor sale to other customers.
19.4 Risk and Insurance
The risk of loss or damage transfers to you upon purchase. However, CASEDROPSprovides insurance coverage for your stored wines as a courtesy. In the eventof damage, theft, or loss while in our care, we will replace the wine with anidentical bottle or, if unavailable, a wine of equal or greater value.
19.5 Access to Your Wine
You may request delivery of your stored wines at any time through your account,even before accumulating a full case, subject to our standard delivery terms.
19.6 No Right of Substitution
Once a wine has been purchased and allocated to your storage, CASEDROPS cannotand will not substitute these specific bottles or reallocate them to anothercustomer. The specific bottles you purchase are reserved exclusively for you.
19.7 Account Cancellation and Stored Wine
When you cancel your membership while having wines stored with us:
a) It is your responsibility to contact us within 30 days of cancellation toarrange delivery of your stored wines. Delivery charges may apply as per ourstandard delivery terms.
b) You may opt to convert your stored wines to store credit at 100% of theoriginal purchase price. By selecting this option, you agree to transferownership of the wines back to CASEDROPS, and we will issue store credit toyour account which remains valid for 30 days from issuance. All store creditmust be used within this 30-day period or it will expire without furthernotice.
c) If you do not contact us to arrange delivery or request store credit within30 days of account cancellation, we will continue to store your wines and willapply a non-member storage fee of $3 per bottle per month, which will bepayable before delivery can be arranged.
d) If your wines remain unclaimed and storage fees unpaid for a period of 9months following cancellation, despite our reasonable attempts to contact you,you agree that the wines may be considered abandoned. In such cases, ownershipmay revert to CASEDROPS in accordance with UK law regarding abandoned property.
20. Introductory 'free/complimentary/99p wine offer'
a) The introductory offer of a 'free/complimentary/99p wine' is limited to onebottle per new member to our $90 annual membership plan.
b) The intention of this offer is that the new member goes on to add morebottles to their case, thereby bringing the total cost of the package aboveScotland's Minimum Unit Pricing.
c) However, if the member wants to dispatch the introductory offer on its own,we are forced to comply with Minimum Unit Pricing, currently 50 pence per unit.This will bring the overall cost of that introductory offer bottle to $5.
21. Exemption from '14 day cooling off period
The Consumer Contracts Regulations treats digital downloads differently. As ourservice is digital content and is available for download immediately, You mustwaive your 14 day cooling off period in order to access our wine deals. This isstandard practice across all app downloads and streaming services.
23. Store Credit Terms
All store credit issued by CASEDROPS, whether from returns, promotions, or wineconversions, is subject to the following terms:
a) Store credit must be used within 30 days of issuance unless otherwisespecified.
b) Store credit cannot be exchanged for cash or transferred to another account.
c) Store credit can only be used for the purchase of products from CASEDROPS.
d) When wine is converted to store credit, the original transaction andassociated sales tax remain unchanged. The original sales tax charged onpurchases remains payable to California even when items are later converted tostore credit. When store credit is used towards a new purchase, Sales tax willbe calculated only on any additional amount paid beyond the store credit value.
