TERMS & CONDITIONS

1. Parties and Introduction to Terms

1.1. This agreement sets out the terms and conditions (the “Terms”) upon which:

(a) MRM Wines Ltd (“MRM Wines”) provides you (the “Client” or “You” as the context requires) with access to MRM Wines’ internet based fine wine list of offers (the “Offers”) hosted at http://www.mrmwines.com (the “Website”); and

(b) MRM Wines provides You with wine custody services at certain accepted warehouses, such custody services are described in more detail below at Section 24 (Custody Services and Custody Fees) (“Custody Services”).

1.2. These terms will apply to your purchase from the Offers and Custody Services. Please read the Terms carefully and make sure that You understand them before using any of the Services.

1.3. You should print a copy of these Terms or save them to your computer for future reference.

1.4. By registering with MRM Wines or making purchases without registration, You expressly agree to be bound by the Terms. If You refuse to accept the Terms, You will not be able to Purchase wines from the Website.

2. About Us

2.1. MRM Wines is a limited liability company registered and incorporated England & Wales, registered number 08709862 , whose registered office and main trading address is at 60 Coleman Street, London EC2R 5BJ.

2.2. To contact Us, please see our About Us page at

http://www.mrmwines.com

3. Wine Purchases

3.1. All wines listed with Us are actual bottles or cases of wine available for and intended for physical delivery and not offers to invest in an alternative asset class or speculate on a futures contract.

3.2. We treat wines listed with Us in accordance with the UK HMRC view as a perishable goods and not as an investable asset therefore We consider purchases on MRM Wines as constituting wholesale wine purchasing by knowledgeable wine consumers and professional merchants and not as an investment activity. We do not offer investment opportunities or provide investment advice.

3.3. You understand that purchasing wine bears risks and that the nature of wine is such that wine may be corked, prematurely oxidised, display advanced signs of aging or suffer from other imperfections.

3.4. We do not provide consumer advice and recommend that you obtain independent wine expert advice before purchasing any product. You understand that we bear no responsibility for spoiled or counterfeit wines.

4. Other Applicable Terms

4.1. These Terms refer to the following additional terms, which also apply to Your use of the Website:

(a) Our Website Use Policy which can be found at http://www.MRM Wines.com which sets on the terms upon which You may make use of Our Website;

(b) Our Privacy Policies which can be found at http://www.MRM Wines.com. These policies set out the terms on which we process any personal data we collect from You, or that You provide to Us. By using the Website, You consent to such processing and you warrant that all data provided by you is accurate;

(c) Our Acceptable Use Policy http://www.MRM Wines.com, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy; and

(d) Our Cookie Policy http://www.MRM Wines.com, which sets out information about the cookies on Our site.

5. Amendment of Terms

5.1. We have established a supervisory committee (the “Supervisory Committee”) which regularly reviews the Terms. We may revise the Terms at any time by amending this page. We will notify You of the change by e-mail sent to the address provided by You in accordance with Section 6 (Membership Requirements), but the effectiveness of any change is not dependent upon receipt of such notice and recommend visiting the page regularly for updates.

5.2. Each time You use the Website, the Terms in force at that time will apply to any contract entered into between You and Us at that time.

5.3. If You do not agree with the Terms as amended you may terminate your agreement with Us in accordance with Section 27(Termination) below.

6. Non Registered Purchasing and/or Membership Requirements

6.1. In order to access the Services, We require that You register as a member with Us or provide us with all the required client data to complete your purchase.

6.2. If registering or completing a purchase as a private individual, We require that You provide Us with your:

(a) full name;

(b) permanent residential address and delivery address for the physical delivery of any products (if different);

(c) phone number; and

(d) e-mail address.

(e) Bonded Warehouse Account (if you have one and require your wine to be transferred onwards)

6.3. You may not access the Services unless you are at least 18 years old.

6.4. If registering or purchasing wine as a company, We require that You provide Us with your:

(a) organisation name;

(b) business address and delivery address for the physical delivery of any products (if different);

(c) details of a primary contact person duly authorised to act on behalf of your company; and

(d) VAT number (or your local equivalent).

(e) Company registration number

(f) Bonded Warehouse Account (if you have one and require your wine to be transferred onwards)

6.5. Where You register or purchasing wine as a company, both you and the person who completes the registration represent and warrant to Us that such person is authorised to act for You, and that they have the capacity to understand and accept the Terms on the Your behalf.

6.6. Upon registration MRM Wines shall create a sub-account in your name (a “MRM Wines Account”) within its own account with an Accepted Warehouse (as defined in Section 6.8 below) in accordance with Section 14 (Custody Services and Custody Fees). Such MRM Wines Account will be Your default account for any purchase on the Website.

6.7. We may in the future require additional anti-money laundering or KYC information so as to verify Your identity, or for similar purposes and you agree to supply such information. Failure to supply such information may lead to suspension of your membership.

6.8. Acceptance of Your registration or purchase of wine is at Our sole discretion. Subject to Section 16 (Consequences of Termination), We reserve the right to refuse, suspend or revoke registration at any time without liability to You.

7. Authorised Registered Email Address

7.1. Once registered your unique registered email address and password to access your account on the MRMWines website will uniquely identify you.

7.2. You acknowledge and agree that You are responsible for any instructions transmitted on the the MRMWines website using Your Authorised Registered Email Address, whether made by you or otherwise.

7.3. So that We are able to take appropriate steps to prevent unauthorised access, You agree to inform Us immediately if you become aware or suspect that Your Authorised Registered Email and Password is known by any person that is not or is no longer authorised by You to submit instructions on Your behalf on the Website.

8. Offers for Sale

8.1. All Offers for sale on the Website will have the following information

(a) the name of the wine which is subject to the Offer (the “Sale Wine”);

(b) the tax status of the wine, either In Bond or Out of Bond.

(c) the vintage of the Sale Wine;

(d) the bottle size and number of loose bottles or bottles per case for sale;

(e) the offer price for the Sale Wine;

(f) the estimated time period for the Sale Wine to be delivered (the “Offer Period”);

(g) the condition of the Sale Wine, whether pristine or with imperfections.

9. Payment

9.1. Upon purchasing Sale Wine, You agree to pay the Purchase Price, plus, when applicable, :

(a) any delivery charges payable by You in accordance with Section 12(Delivery Charges);

(b) any storage charges payable by You in accordance with Section 14 Custody Services and Custody Fees; and

(c) VAT and duty (or any equivalent local charges)

10. Purchasing Sale Wine

10.1. Purchasing Sale Wine from the Website is made by You when You have entered and/or selected the following information on the Confirmation page:

(a) the description of the Sale Wine;

(b) the bottle size and number of bottles or number of bottles per case and number of cases to be purchased;

(c) the price for the Sale Wine;

(d) Your preferred delivery location (the “Delivery Location”) which must be within the United Kingdom and which may be:

(i) Your MRM Wines Account;

(ii) a Bonded Account in the Accepted Warehouse in which the Sale Wines are held by MRM Wines (a “Local Delivery Location”);

(iii) a Bonded Account in an Accepted Warehouse which is not the Accepted Warehouse in which the Sale Wines are held by MRM Wines (a “Transfer Delivery Location”); or

(iv) Your address provided in Section 6.2(b) or 6.4(b) (an “Out of Bond Location”).

(e) Your preferred payment method;

(f) accepted the Terms; and

(g) clicked submit

10.2. You are responsible for the accuracy of any Purchase made on the Website.

11. Buyer Warranties

11.1. When making a Purchase of Sale Wine on the Website You warrant to Us that:

(a) all information provided in accordance with Sections 6.2, 6.4 and 6.7 and all information set out in the Purchase is accurate and complete and up-to-date;

(b) you have the funds available to purchase the Sale Wine;

(c) no tax or other duties including UK Duty and Value Added Tax shall be payable upon transfer of the Sale Wine to You; and

(d) where the Delivery Location is to an Accepted Warehouse, your account with such Accepted Warehouse is in good standing.

12. Sale Wine Acceptances and Cancellations

12.1. In accepting Your Purchase, MRM Wines relies upon Your warranties set out in Section 10 (Buyer Warranties).

12.2. A Purchase Acceptance is made under separate agreement between You and MRM Wines (a “Buyer’s Contract of Sale”) which incorporates the Terms. You will be given the opportunity to check your Purchase before the Buyer’s Contract of Sale is finalised.

12.3. A summary of the Buyer’s Contract of Sale terms shall be confirmed to You by email (the “Purchase Confirmation”) with an attached PDF Invoice and email confirmation of payment.

12.4. MRM Wines may cancel a Buyer’s Contract of Sale where:

(a) You and MRM Wines mutually agree that it should be cancelled;

(b) We, in Our sole discretion, determine that the offer of the Sale Wine has been made in error.

13. Delivery Charges

13.1. Offers on the Website will notify You of the cost of delivery to the location within the United Kingdom which You specified on the Website

13.2. If:

(a) you accept the Delivery Charge then payment must be payable to complete the Purchase;

(b) Where the Delivery Location is an Out of Bond Location You must pay all VAT, excise duty and customs duty amounts (as applicable) invoiced by MRM Wines in respect of such wine being delivered to an Out of Bond Location in order to complete the Purchase.

14. Returns and Cancellations of Buyer’s Purchase

14.1. This Section 13 only applies if You are a consumer (as defined by and for the purposes of the Consumer Rights Act 2015 (the “Act”)).

14.2. If You are a consumer, You have a legal right to cancel a contract under the Act during the period set out below in Section 13.3. This means that during the relevant period if You change your mind or for any other reason you decide You do not want to keep the purchased Sales Wine, You can notify us of your decision to cancel the Buyer’s Contract of Sale and receive a refund.

14.3. You have a period of 30 (thirty) calendar days in which you may cancel the Buyer's Contract of Sale, starting from the day after the day you receive the Bid Wine. For the purpose of these Terms the Sales Wine is received upon deemed delivery in accordance with Section 10.1.

14.4. To cancel a Buyer’s Contract of Sale, please contact Us by telephone or in writing by sending an e-mail to info@mrmwines.com or by sending a letter to MRM Wines, 80 Coleman Street, London, EC2R 5BJ. You may wish to keep a copy of your cancellation notification for your own records. If You send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date We receive Your e-mail or the letter to Us provided that it is received by Us prior to the expiry of the 30 calendar day period. If You call Us (on +44(0)2074896490) to notify Us of your cancellation, then your cancellation is effective once you receive written confirmation from Us of your cancellation following your telephone call (which may be by e-mail or post).

14.5. You will receive a full refund of the price You paid for the Sale Wine and any applicable delivery charges that You paid. Any duty and VAT charges which may have been paid by you prior to cancellation should you have had the Wine transferred to an Out of Bond location are not part of the purchase price nor a part of the delivery cost and are not refundable. We will process the refund due to You as soon as possible and, in any event, within 30 calendar days of the later of the day on which your cancellation is effective as described in Section 13.4 and the date on which the relevant wine is returned to Us. Your right to a refund is subject to the exact same case of wine which was purchased being returned to us (and not for the avoidance of doubt a different case of the same producer, name and vintage) with documentation supporting the same. If You cancelled the Buyer's Contract of Sale because the Bid Wine was mis-described, please see Section 13.6.

14.6. If You have cancelled the Buyer's Contract of Sale under this Section 13 because the Bid Wine was mis-described, We will refund the price of the mis-described Bid Wine in full, any applicable delivery charges, and any other reasonable costs You incur in returning the Bid Wine to Us. As a consumer, you will always have legal rights in relation to products that are not as described. These legal rights are not restricted by the language used in the clauses of this returns policy in this Section 13 or these Terms. [Any duty and VAT charges which may have been paid by you should you have prior to cancellation have had the Wine transferred to an Out of Bond location before cancellation on the grounds of misdescription shall also be refunded]. Your right to a refund is subject to the exact case of wine which was purchased being returned to us (and not for the avoidance of doubt a different case of the same producer, name and vintage) with documentation supporting the same.

14.7. We shall make such refund to You on the credit card or debit card which You used to pay.

14.8. Full details of your legal right to cancel and an explanation of how to exercise it are provided in the Trade Notification. Advice about your legal right to cancel the Buyer’s Contract of Sale is available from your local Citizens' Advice Bureau, Trading Standards office or qualified legal advisor.

15. Custody Services and Custody Fees

15.1. By registering as a member with Us you authorise MRM Wines to create and manage a wine storage sub-account in your name in MRM Wines’ records (the “MRM Wines Account”).

15.2. You and MRM Wines agree that:

(a) upon the transfer of wines into a MRM Wines Account the legal title to such wines shall be held by MRM Wines and the beneficial ownership title shall remain with You, such that wines placed with MRM Wines are held by MRM Wines and registered in its name as your nominee for the purposes of facilitating the operation of your account and your trading activity on the MRMWines website and do not at any time constitute any part of the assets of MRM Wines and are held separately from its own assets subject only to the specific rights of recourse to Your wines set out elsewhere in these Terms;

(b) Wines transferred into a MRM Wines Account shall be stored with an Accepted Warehouse in MRM Wines’ name, such Accepted Warehouse to be designated by MRM Wines in its sole discretion.

15.3. All MRM Wines Accounts with Accepted Warehouses are governed by the terms set forward in the UK Warehousing Association Standard Trading Conditions [http://www.ukwa.org.uk/files/1614/1643/7831/6-conditions-of-contract-sample-6.pdf] and are held at Accepted Warehouses. In this respect MRM Wines is not liable to You for anything over and above each Accepted Warehouse’s liability to MRM Wines which includes the Warehouse’s storage and transportation insurance. MRM Wines is not liable to You for any indirect or consequential loss (including but not limited to loss of goodwill, loss of business, loss of anticipated profits or savings and all other pure economic loss) arising out of or in connection with Your MRM Wines Account.

15.4. You agree to transfer to MRM Wines a deposit representing 2 months of storage fees (the “Storage Deposit”) upon landing any new wines into Your MRM Wines Account. Subject to deductions which may be made by Us for sums payable under these Terms, the Storage Deposit shall be refunded to You on the closure of Your MRM Wines Account or upon sale or other transfer of the wine to which the deposit is related.

15.5. You agree to pay MRM Wines : the following custody service fees in advance, at the following rates per calendar month (the “Custody Service Fees”):

(a) £0.45 (forty-five pence sterling) for each case of wine stored which has a volume no greater than 4.5 litres;

(b) £0.85 (eighty-five pence sterling) for each case of wine stored which has a volume greater than 4.5 litres but no greater than 9.0 litres; and

(c) for each case stored, which has a volume greater than 9.0 litres, an additional 0.45 (forty-five pence sterling) shall be payable at each increment of 4.5 litres, for example:

  0-4.5 litres £0.45 per calendar month

  >4.5 litres to 9 litres £0.85 per calendar month

  >9 litres to 13.5 litres £1.30 per calendar month

  >13.5 litres to 18 litres £1.75 per calendar month

  >18 litres to 22.5 litres £2.10 per calendar month

In the event that MRM Wine’s invoice for Custody Service Fees are not paid within the terms stated, MRM Wines shall have the right (but not the obligation) to sell such of your wines as may be required to clear the outstanding Custody Service Fees invoice(s) with the balance (if any) of the proceeds of sale payable to you. You acknowledge and accept that although MRM Wines will use reasonable endeavours to achieve a fair price for such wines by a sale through MRM group company services, the price available to MRM Wines may be less than the current market price.

15.6 Recurring Payments

Should you opt to use WorldPay’s FUTUREPAY service to pay your recurring storage fees in MRM Wines the terms are as follows:

The payment will be automatically charged monthly on your allocated debit card on the MRM Wines storage invoice payment date

The payments will be charged on a monthly basis until such time that:

a) Your MRM Wines account does not contain wine or spirits utilising storage services

b) You provide a cancellation request to cease using the FUTUREPAY recurring payment service. This request can be made by emailing info@MRMWines.com

In the event that you cancel the FUTUREPAY recurring payment service when Your MRM Wines account contains wine or spirits utilising storage services, MRM may invoice you for the Custody Service Fees incurred as described in clause 14.5 above.

16. Intellectual Property

16.1. You hereby acknowledge that all intellectual property rights in the MRMWines website and the Website anywhere in the world belong to MRM Wines and You have no rights in, or to, the MRMWines website and the Website other than the right to use the MRMWines website and the Website in accordance with the Terms.

16.2. You hereby acknowledge that You have no right to access to the MRMWines website or the Website in source code form or in unlocked coding or with comments.

17. Termination

17.1. Either party may terminate these Terms and thereby Your membership without cause upon giving 1 month’s written notice.

17.2. We may terminate these Terms and thereby Your membership with immediate effect where:

(a) You fail to pay any undisputed amount due under these Terms, and Seller’s Contract of Sale or any Buyer’s Contract of Sale on the due date for payment and You remain in default not less than 14 days after being notified in writing to make such payment; or

(b) You commit a material breach of Your obligations under the Terms and (if such breach is remediable) You fail to remedy that breach within a period of 30 days after receipt of notice in writing requiring You to do so; or

(c) You commit a series of persistent minor breaches which when taken together amount to a material breach; or

(d) You suspend, or threatens to suspend, payment of Your debts or You are unable to pay Your debts as they fall due or You admit inability to pay Your debts or are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986; or

(e) You commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or You make a proposal for or enters into any compromise or arrangement with Your creditors; or

(f) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with Your winding up; or

(g) any of Your creditors or encumbrancers of attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of Your assets and such attachment or process is not discharged within 14 days; or

(h) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You; or

(i) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver; or

(j) a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets; or

(k) any event occurs, or proceeding is taken, with respect to You, in any jurisdiction to which You are subject that has an effect equivalent or similar to any of the events mentioned in Section 16.2(d)to Section 16.2(j)(inclusive); or

(l) You cease, or threatens to cease, to carry on all or substantially the whole of Your business.

17.3 Termination of this agreement shall not prejudice any of the parties' rights and remedies which have accrued as at termination.

18. Consequences of Termination

18.1. Notwithstanding the termination of these Terms and Your membership, any Seller’s Contracts of Sale or Buyer’s Contracts of Sale outstanding at termination shall remain in place;

18.2. Any amounts owed between You and Us under these Terms shall remain outstanding and shall be payable immediately.

19. Force Majeure

19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by an Event Outside of Our Control. An Event Outside of Our Control is defined below in Section 18.2.

19.2. An Event Outside of Our Control means any act or event beyond Our reasonable control, including without limitation failure of public or private telecommunications networks.

19.3. If an Event Outside of Our Control takes place that affects the performance of Our obligations under this agreement:

(a) Our obligations under this agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside of Our Control; and

(b) We will use Our reasonable endeavours to find a solution by which Our obligations under this agreement may be performed despite the Event Outside of Our Control.

20. Business Customer Limitation of Liability

20.1. You hereby acknowledge that the Services and the Website have not been developed to meet Your individual requirements, and that it is Your responsibility to ensure that the facilities and functions of the Services and the Website meet Your requirements.

20.2. We shall not under any circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss or corruption of data or information;

(e) loss of business opportunity, goodwill or reputation; or(f) any indirect or consequential loss or damage.

20.3. Nothing in the Terms shall limit or exclude Our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be excluded or limited by English law.

20.4. The Terms sets out the full extent of Our obligations and liabilities in respect of the supply of the Services and the Website. Except as expressly stated in this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us. Any condition, warranty, representation or other term concerning the supply of the Services or the Website which might otherwise be implied into, or incorporated in, this agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

21. Consumer Customer Limitation of Liability

21.1. You hereby acknowledge that the Services and the Website have not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Services and the Website meet Your requirements.

21.2. If you are a consumer, We only supply the Services and the Website for domestic and private use. You hereby agree not to use the Services or the Website for any commercial, business or re-sale purposes, and that We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

21.3. Nothing in the Terms shall limit or exclude Our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be excluded or limited by English law.

22. Indemnity

22.1. You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with:

(a) any breach of the Your warranties contained in these Terms;

(b) Your breach or negligent performance or non-performance of this agreement;

(c) Our enforcement of this agreement;

(d) any claim made against Us by a third party arising out of or in connection with the provision of the Website and Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by You, your employees, agents or subcontractors;

22.2. This indemnity shall not cover Us to the extent that Our claim under it results from Our own negligence or wilful misconduct.

22.3. If any third party makes a claim, or notifies an intention to make a claim, against Us which may reasonably be considered likely to give rise to a liability under this indemnity (a “Claim”), we shall:

(a) as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;

(b) not make any admission of liability, agreement or compromise in relation to the Claim without Your prior written consent (such consent not to be unreasonably conditioned, withheld or delayed), provided that We may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if We reasonably believe that failure to settle the Claim would be prejudicial to it in any material respect;

(c) subject to You providing security to Us to Our reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as You may reasonably request to avoid, dispute, compromise or defend the Claim.

22.4. If a payment due from You under this section is subject to tax (whether by way of direct assessment or withholding at its source), We shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to Us in respect of the payment is the same as it would have been were the payment not subject to tax.

22.5. Nothing in this section shall restrict or limit Our general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity

23. Links to Third Party Sites

The Website may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

24. Data Protection

24.1. We are registered with the UK Information Commissioner’s Office for the purposes of the Data Protection Act 2018 and General Data Protection Regulations. We are data controllers of the information We collect about You (and if applicable your Authorised Users) in connection with your membership and use of the Services or the Website. The information We collect is made up from the details You give to Us during your relationship with Us and includes information You give Us during your application for membership, information from your subsequent communications and instructions, and other information We gain from providing You with the Services or the Website. We will use this information for the following purposes:

(a) to provide you with the Services or the Website and to carry out our obligations under these Terms with respect to any Services;

(b) to comply with legal and regulatory requirements

(c) to detect, investigate and prevent fraud and to trace debtors; and

(d) for internal analysis and research.

24.2. We may disclose Your personal information to:

(a) our agents and service providers for the purposes set out in Section 23.1;

(b) credit reference agencies, the police, Government departments and agencies for the purposes set out in Section 23.1(c) ; and

(c) any person for the purposes set out in Section 23.1(b).

24.3. We will take appropriate steps to help prevent the loss, misuse or unauthorised disclosure of the information We collect about You and will try, with your help, to keep such information accurate and up to date.

24.4. You have the right to ask for a copy of the information We hold about You (for which a small fee may be charged). If You find at any time that any of the information We hold about You is incorrect then You should notify Us and We will correct the inaccuracy.

24.5. Before You or a third party on your behalf gives Us any personal information about your Authorised Users (where applicable) you must inform them that you are giving the personal information to Us and that it will be used in the manner and for the purposes described above and you must obtain their informed consent to such use.

25. Severability

25.1. If any provision (or part of a provision) of the Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

25.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

26. Waiver

26.1. A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.

26.2. Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

27. No Partnership

27.1. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

27.2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

28 Remedies

28.1. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

29. Communications Between Us

29.1. When We refer, in these Terms, to "in writing", this will include e-mail.

29.2. If You are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in Section 23, please contact Us by telephone or in writing by sending an e-mail to [info@mrmwines.com] or by sending a letter to MRM Wines, 80 Coleman Street, London, EC2R 5BJ. You may wish to keep a copy of your cancellation notification for your own records. If You send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date We receive Your e-mail or the letter to Us. If You call Us to notify Us of your cancellation, then your cancellation is effective from the date You telephone Us.

(b) If You wish to contact Us in writing for any other reason, you can send to Us an e-mail to [info@mrmwines.com] or a letter to MRM Wines, 80 Coleman Street, London, EC2R 5BJ . You can always contact Us using our Customer Services telephone line.

29.3. If We have to contact You or give You notice in writing, we will do so by e-mail or by pre-paid post to the address You provide to Us in accordance with Sections 6.2 or 6.4.

29.4. If You are a business:

(a) Any notice or other communication given by You to Us, or by Us to You, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on the Website.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at Our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on the Website, immediately.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.

30. Entire Agreement

30.1. These Terms together with the policies referred to clause 4 constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

30.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

31. Governing Law

31.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

32. Jurisdiction

32.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

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