Terms & Conditions
Please read this Agreement carefully as it governs your use of the O’Briens Online Store website - www.obrienswine.ie - (the “Site”). By continuing to use our site you are agreeing to the terms set out below and are confirming that you are above the Irish legal age to purchase which currently stands at 18 years of age. Persons under the legal age to purchase alcohol in Ireland are not permitted purchase, receive or subscribe to any goods or services from this site.
These terms were last updated 24th November 2009.
1. Provision of Web Site Service
The Site is owned and operated by O’Briens Wine Off Licence Ltd. (Company No: 27067, VAT Reg. No. IE 9H15114G), (“O'Briens”) whose registered office is at 33 Spruce Avenue, Stillorgan Industrial Park, Co. Dublin, Ireland.
Head Office General Email: info@obrienswine.ie
Head Office Telephone: +353 1 2693139
Head Office Fax: +353 1 2697480
2. Limited Rights to Use Content
All material including any intellectual property in it displayed on the Site (“Content”) belongs to O’Briens or its suppliers. O’Briens gives you the right, for your own personal or non-commercial purposes only to (1) retrieve and display the Content on your PC screen; (2) print individual pages on paper; (3) store individual pages in electronic form on CD/disk. You may not store any Content on any server or other storage device connected to an external network, or make any other use of the Content.
You may not, without prior written permission given by O’Briens within the previous six months, (1) redistribute any of the Content or supply it to other people; (2) remove the copyright or trade mark notices from any copies of Content made under this Agreement; (3) create a database in any form (including electronic or structured manual form) by downloading, copying and storing all or any of the Content; (4) except as expressly set in this Agreement, modify, reproduce or in any way use any of the Content.
3. Purchases
The prices for goods displayed for sale on the Site are as set out on the Site and are inclusive of VAT and Duty at rates valid as of time of purchase. Where additional charges are made for delivery, they are clearly displayed.
By completing and submitting the electronic order form on the site you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
By making that offer to purchase goods, you are also authorising O’Briens to pre validate the Debit or Credit card presented for payment for the full value of the goods and related service charges contained in your basket. Your card will not be charged until the offer to purchase has been accepted by O’Briens and the goods have been dispatched by us or 3rd parties acting on under our instruction.
We will confirm acceptance of your order by email, stating that the goods ordered have been dispatched. This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.
4. Delivery
A standard delivery charge of €10 anywhere in Ireland is applied to all orders under €200 regardless of quantity or address. Delivery of any order above €200 is free.
O’Briens offer a nationwide delivery, serviced through our own fleet of vehicles and selected logistics providers. Deliveries are typically made within 48 hours but to allow for excaptions we commit to fulfilling your order within 5 working days of our acceptance of your order. Occasionally, due to circumstances beyond our control, orders may take longer than 5 working days to fulfill. If this is the case, we will notify you of the delay by telephone.
Goods must be received by a person 18 years of age or older. Where any of our drivers are in doubt as to the age of the person receiving the goods, they reserve the right to request proof of age and / or retain the goods until they can be received by a person of or above the legal age to purchase alcohol.
We will confirm acceptance of your order by email, stating that the goods ordered have been dispatched. This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.
5. Cancellation of Orders, Returns & Refunds
You can cancel your order at any stage up to the point of dispatch at no charge. Simply contact us by phone on 1850 269 777 or +353 1 2693139 from outside Ireland or email orders@obrienswine.ie. To help us assist you as quickly as possible please quote order reference (WO-#########) number.
If you would like to cancel and return goods that you have received for any reason, please just contact us by phone or email (details above). Any product may be returned within 7 days of you receiving it. Beyond that we will always act within reason and accept the goods for return provided we are still offering those goods for sale outside of any promotions. While we are more than happy to help if you wish to return goods that are not faulted or damaged you will be responsible for any costs incurred in returning the goods.
In the unfortunate case of goods being faulty or damaged in transit, O’Briens offer the choice of either a replacement or a full refund including any postage costs incurred. Just contact us by phone or email (details above) and we will take care of everything.
6. Limited Warranties
O’Briens will use its reasonable skill and care in making sure that the Site is available to you on a continual basis. However, because of the number of sources from which O’Briens obtains the Content and because of the nature of the Internet, O’Briens does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and O'Briens makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
7. Limitation of Liability
In respect of the Content that is available on the Site, O’Briens will use its reasonable endeavours to resolve faults. You agree that O’Briens will not be responsible for any losses (other than damages for death or personal injury resulting from O’Brien’s negligence) you may incur a result of your use or non-use of that Content.
8. Privacy Policy
O’Briens is committed to protecting the privacy of those using our Site. The information that you provide about yourself to O’Briens will only be used by O’Briens in accordance with its Privacy Policy as set out below.
By using our website, you consent to the collection and use of personal information by O’Briens. If we decide to change our privacy policy, we will post changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
We never make your personal details available to companies outside O’Briens for marketing purposes, although our representatives and agencies may hold you data so that your details can be kept up to date, your orders processed and emails sent on behalf of O’Briens.
The only time personal information is collected by O’Briens is for the purposes of the purchasing of gift vouchers from the website or subscribing to our email newsletter. If you sign up for our email newsletter, we use the personal information we collect about you to send you email newsletters featuring the latest promotional news. This information is collected from the Site’s registration form and includes contact information (e.g. name & email address) and some demographic information (e.g. county/country). All information is kept in compliance with the Data Protection (Amendment) Act, 2003.
Personal information is also used for shipping orders to customers in respect of purchases made by them or for them, sending confirmation details for those purchases to the customer making the purchase and for processing orders and payments.
If at any time you want to know what information O’Briens hold about you please feel free to contact us and we will provide you with details of all the information we hold about you. If you want to remove the information at any time, please let us know and we will remove it straight away.
If you have previously registered to receive our email newsletters you can remove your email address from the list by using the links in the emails we send you.
At some point in the future we may wish to provide statistics about our customers, traffic patterns and related site information to reputable third parties, however the information will not include any personal customer information or identify individual customers.
9. Cookies
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. The only personal information that a cookie can contain is the information you supply yourself.
We use a cookie so you view our pop-up window only once, the first time you visit O’Briens. They can also be used to store passwords and username/details required for certain activities such as forums and the purchase of gift vouchers online. A cookie may be disabled in the customer’s web browser, but this may affect usability of some parts of the Site.
10. Modifications to Website Content
In endeavouring to improve the Site and services offered, O’Briens reserve the right at all times to make changes to the Content, including these Terms & Conditions. Prices and products are subject to change without notification. You will be subject to the policies and Terms & Conditions in place at the time of your visit to the Site.
11. Links
The Site contains links to other websites and resources. O’Briens will make clear where such links are being made. Independent third parties provide these sites. O’Briens is not responsible and shall not be liable for the availability or content of these outside resources. Please be aware that O’Briens is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements / terms & conditions of every website. The privacy policy highlighted in section 8 applies solely to information collected by O’Briens.
12. Surveys & Competitions
From time to time our Site requests information from users via surveys, free prize draws or competitions. Participation in these activities is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information may include contact and/or demographic information. Contact information will be used to notify the winners and award prizes. Winners’ names and other relevant material will be published on the website. Survey information will be used for purposes of monitoring or improving the customer experience and satisfaction of the Site and the retail stores.
13. Security & E-commerce Gateway
Your security and peace of mind are of the greatest importance to O’Briens. We endeavour to take all responsible steps to protect your personal information.
Any sensitive data (including personal data and payment information) you send us from your computer is securely encrypted and protected using Internet standard encryption technology known as SSL (Secure Sockets Layer). This process scrambles any sensitive data you transmit to us, preventing it from being intercepted during transmission.
14. The O’Briens Reward Card
14.1. Earning Points
Points are awarded to all customers who have signed up to receive the O’Briens Reward Card. Points are awarded as follows:
- 3 points for every Euro spent on Wine (still & sparkling)
- 2 points for every Euro spent on Beer
- 1 point for every Euro spent on Spirits
Points are calculated on the value of goods purchased after all special offers and discounts have been taken into account. Points are not awarded for the purchase of goods or services that are not listed above.
From time to time O’Briens may award bonus points on selected items. O’Briens reserve the right to add and remove these points without prior notification.
Points can only be earned in store when you produce your Reward Card. Where you are not in possession of your Loyalty Card, you may retain your receipt and present it along with your card in the same store within 30 days of the original transaction. Under no circumstances will points be retrospectively added without proof of purchase by way of a valid receipt.
14.2. Spending Points
Points cannot be exchanged for cash. Each point has an equivalent value of one Euro cent and can be used in any O’Briens store to purchase any item(s) for sale. Cash can only be added where the value of the card is equal to or greater than €10 or 1,000 points. Should the good(s) required be less than the value on the card then points will be deducted to the corresponding value of the item and the balance will be left on the card in the form of points. Change in the form of cash or otherwise will not be given under any circumstances.
14.3. Special Rewards
From time to time O’Briens will introduce Card Holder Only Rewards. These rewards will be available exclusively to card holders and must be availed of using points in accordance to the rules set out in 3.1 and 3.2 above. O’Briens will endeavour to give ample notice of such rewards but reserve the right to introduce and remove such rewards without any prior notification.
14.4. Replacement cards
Please be aware that O’Briens cannot be held responsible for the loss of points on any Reward Card. Please treat your card as though it were cash.
Replacement Loyalty Cards can be picked up in any of our stores. Our in-store teams can associate the new card with your account or you can complete this step yourself online on your Account page after you login to our site. Any points on your previous card will automatically be transferred within 48 hours.
Should you have any queries on your points balance or the O’Briens Loyalty Programme in general, please contact us by email, details of which can be found on the Contact Us page.
14.5. Termination of Account
Where a card is not used for 12 consecutive months it will be deemed as expired by O’Briens. All details on the account will be suspended and the points balance set to null. Where this occurs, customers will need to reapply for a new account but points cannot be transferred. To avoid this happening, simply use your card at least once within a 12 month period to earn or redeem points.
O’Briens reserve the right to terminate any account that they believe is being misused with or without prior notification.
14.6. Modification and Termination of the Programme
A. O’Briens may modify any of the terms and conditions governing the programme - including, but not limited to, the methods through which points can be earned, how points can be used, the value of points earned, and the conditions under which points may be forfeited - at any time, with or without notice, even though these changes may affect a customer’s ability to use the points that he/she has already earned.
B. The programme has no predetermined termination date and may continue until such time as O’Briens decides to terminate the programme. O’Briens may terminate the programme at any time, with notice via email to the Customer’s email address currently on file with O’Briens for their online account. Any points that are remaining in a customer’s account at time of termination will be forfeited and no compensation will be provided.
C. A customer’s continued participation in the programme constitutes the customer’s acceptance of any changes to these Terms and Conditions. Customers are responsible for remaining knowledgeable as to any changes that O’Briens may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on this Website and will supersede all previous versions of these Terms and Conditions.
15. General
There is no specific time limit applying to your access and use of the site. However, O’Briens reserve the right to suspend or terminate your access and use at ant time. It may exercise the right with or without notice.
You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy
Irish law will apply to this Agreement and both you and O Briens agree to submit to the non-exclusive jurisdiction of the Irish Courts. All contracts that result from the use of this website are concluded in English.
Relevant legislation governing these Terms & Conditions is the Sales of Goods (Supply of Services) Act, 1980, the Consumer Information Act, 1978, the Electronic Commerce Act, 2000, the EU Directive on Distance Selling, SI 207 of 2001 and SI 68 of 2003, the Data Protection (Amendment) Act, 2003 and the Copyright & Related Act, 2000.
16. Contact Details
O Briens Wine Off Licence
33 Spruce Avenue
Sandyford Business Park
Co. Dublin
Ireland
Tel: +353 1 2693139
Fax: +353 1 2697480
Email: info@obrienswine.ie
Web: www.obrienswine.ie