Terms and Conditions
Welcome to Pourwell (the "Site"). This Site is maintained and operated by Pourwell Limited ("PW" or "Company"). We are registered in England and Wales under number 13171877. Our registered office is at Kemp House, 152 - 160 City Road, London, EC1V 2NX, UK.
By accessing or 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 may not use any portion of the Site. Price information found on this Site is subject to change without notice. PW reserves the right to change these Terms and Conditions of Use at any time without notice, but will not change these Terms in relation to orders which have been placed and acknowledged by PW before the change is made.
We grant you a personal, limited, non-transferable non-exclusive, licence to access and use the Site. We reserve the right, at our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the 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 in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of PW. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of PW. You may not modify, publish, transmit, participate in the transfer, or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity Posting any information which 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 would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation Attempting to interfere in any way with the Site’s or PW’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.
3. Your Personal Information
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.
4. Additional Terms and Conditions
6. Orders and Contracts
PW Membership Packages (“Memberships”) may be ordered by clicking on the Membership you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" or equivalent button on the checkout page.
Your order constitutes an offer to PW to buy a Membership. All orders are subject to acceptance by PW. PW is not obliged to accept your order and may, at its discretion, decline to accept any order. Where PW accepts your order, it will confirm such acceptance to you by sending you an email that confirms that PW has recognised your purchase of a Membership.
By purchasing a Pourwell Membership you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 24th of every calendar month. Any Membership cancellations need to be done prior to the 24th of the month. To cancel your subscription at any time, you must email us at firstname.lastname@example.org. We will respond to you in a timely manner with confirmation of your cancellation. If you cancel, you may use your subscription until the end of the month. PW may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.
7. Offers & Discount Codes
If you have a discount code, this needs to be applied during the checkout; the option is located on the same page as your contact details. Please note that we only allow one code/discount/promotion to be used at checkout. No offer may be used in conjunction with any other offer. Offers do not apply to gift memberships unless specifically stated. Offers cannot be added retrospectively. Offers are not transferable or redeemable for cash or credit.
We reserve the right to withdraw or cancel discount codes at any time. We also reserve the right to reject discount codes if we suspect any fraud.
Our referral discount code is only valid for recurring memberships, not gifts. Please note, the referee and referrer must have different delivery addresses, and members aren't allowed to refer themselves by setting up multiple accounts. Existing members are unable to redeem offers by setting up multiple memberships.
We only allow one intro offer per member - this does not include offers sent to you directly. Please see the below for our general intro offer terms.
Monthly Memberships originating with a discount cannot be cancelled and renewed with a discount within a twelve (12)-month period Bi-Monthly Memberships originating with a discount cannot be cancelled and renewed with a discount within a twenty-four (24)-month period Quarterly Memberships originating with a discount cannot be cancelled and renewed with a discount within a thirty-six (36)-month period
8. Member Rights & Cancellation
You may cancel your month-to-month Membership before the 24th of each month by contacting PW through the email address and procedure specified in our FAQ. PW will not refund any months for a month in which the Membership bottle has already been sent. Members that subscribe to the NoLo Collection with any type of discount may not re-register for membership with a discount in the following manner:
Monthly Memberships originating with a discount cannot be cancelled and renewed with a discount within a twelve (12)-month period Bi-Monthly Memberships originating with a discount cannot be cancelled and renewed with a discount within a twenty-four (24)-month period Quarterly Memberships originating with a discount cannot be cancelled and renewed with a discount within a thirty-six (36)-month period Gift Memberships may not be cancelled. Discounts for recurring memberships do not apply to Gift Memberships.
If you receive a damaged or broken bottle, you may follow the procedure specified in our FAQ for declaring your damaged or broken bottle. Refund declarations must be made within 24 hours of receiving your bottle. PW will send you a replacement bottle of the same make. PW does not refund damaged or broken bottles. PW reserves the right to dispute the receipt of a damaged or broken bottle.
PW's shipping partners normally alert PW in the event of a broken bottle before it is delivered. If this occurs with your bottle, PW will send you a new bottle as soon as possible.
9. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of PW or our partners, and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, licence, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. PW and the PW logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content is the property and copyright of Pourwell. All rights reserved. Except as expressly set forth in these Terms, no licence is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Pourwell and its affiliates.
10. Submitted Content
By submitting or posting any materials or content on the Site, you grant PW a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicence such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant PW the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials 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 PW the licence specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. PW will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
PW reserves the right to use content that you post to social media that specifically concerns or references PW, its partners and the products it offers. This content may be shared by PW on its own social media properties, with third parties, and on the Site.
PW values your feedback. When writing your review, please consider the following guidelines:
Focus on the product and your individual experience using it Provide details about why you liked or disliked a product We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
Obscenities, discriminatory language, or other language not suitable for a public forum Advertisements, "spam" content, or references to other products, offers, or websites Email addresses, URLs, phone numbers, physical addresses or other forms of contact information Critical or spiteful comments on other reviews posted on the page, or their authors 11. Disclaimers
PW is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside PW's control. If you cannot access the Site properly or at all because of any of these reasons, PW will not refund any money you have paid or compensate you.
Making the Site enjoyable means PW needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. PW will try to do scheduled maintenance during what PW anticipates will be relatively low levels of online use. PW also needs to be able to do emergency maintenance and/or suspend access to the servers where, at PW's reasonable discretion, PW sees the need to do that. PW will try to have the Site available again as soon as PW thinks it is safe to do so.
Where the Site contains links to other websites and third-party products or services, these links are provided for your information only. PW is not responsible for the content of these websites or products or services.
You agree to indemnify PW and its group of companies against liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or PW's Review Guidelines.
13. Limitation of Liability
PW excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and PW at the start of your membership.
PW will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
14. Copyright Infringement; Notice and Take Down Procedures
PW specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
16. Waiver; Remedies; Variations, Entire Agreement
The failure of PW to partially or fully exercise any rights or the waiver of PW of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by PW or be deemed a waiver by PW of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PW under these Terms and any other applicable agreement between you and PW shall be cumulative, and the exercise of any such right or remedy shall not limit PW's right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply. Please let us know if you would prefer not to receive our club goodies or magazine as part of your box. All items are sold separately, see pricing info above.
17. Governing Law
The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18. VAT and other Information for Members in Channel Islands
For those residing in the Channel Islands, PW does not charge VAT. An additional £10.99 shipping and handling fee applies and thus the total membership price is £38.98.
Duty on subscription boxes shipped to Jersey are prepaid by PW. Duty on subscription boxes shipped to Guernsey may be payable by the importer, depending on the size and ABV. of the goods being imported. Please contact your local government for further information on paying duty and declaring imported goods.
Should you have any questions regarding these Terms you may contact us at email@example.com.
Disclaimer: PW is a members' club that connects members with distilleries. These distilleries ship directly to its members or via an intermediary, licensed distributor. PW does not sell, handle or distribute products directly.