The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any questions about these Terms or any problems accessing or using the Site or any of its content please contact email@example.com.
These Terms do not apply to customers purchasing Goods in the course of business ie for resale. If you are a business customer, please contact us for our Business Terms of Sale.
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained here;
“Goods” means the goods sold by us through the Site;
“Order” means your order for Goods;
“Order Confirmation”means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms
Information about TLC Design Limited
The domain name www.etowine.com ("Site") is a website owned and operated by TLC Design Limited, registered in England and Wales under company number 06701823 with its registered office at 45 High Street, Haverfordwest, UK SA61 2BP (“we”, “us” or “our”). Our VAT number is GB941341936
“eto” is a registered trademark of TLC Design Limited, trademark No. 017963312.
eto is protected by Patents all around the world, including USA, Europe, China
How we use your personal information
All rights, including copyright, for this website are owned by or licensed to TLC Design Ltd.
Any use of the Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of TLC Design Ltd. You may not modify, distribute or re-post anything on the Site for any purpose.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Access to the Site
Access to the Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access the Site.
Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.
You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
Changes to the Site and Site Content
We may update the Site at any time and may change the content at any time.
We try to check the accuracy of information on the Site but do not guarantee that the Site, or any content on it, will be free from errors or omissions.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Goods, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us on the Site correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
Please note that this does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to here if you receive Goods that are not as described.
Where appropriate, you may be required to select the required colour and number of the Goods that you are purchasing.
We cannot guarantee that Goods will always be available.
Minor changes may, from time to time, be made to certain Goods between your Order being placed and us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
Prices are shown on the Site and include VAT for customers in the UK and European Union (EU). VAT is not included in prices for customers outside of the UK & EU.
Other taxes and customs duties are not included in our prices and are payable locally by you. No duty is payable on orders shipped within the UK or EU.
We make all reasonable efforts to ensure that all prices shown on the Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time without notice. Changes in price will not affect any order that you have already placed.
If the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on the Site at the time of placing your Order.
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in the Site.
We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though the Site. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts. They must be applied during the check out process and may not be applied retrospectively.
Prices may vary in store.
Orders – How Contracts Are Formed
The Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
No part of the Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order. Only once we have dispatched the goods to you will there be a legally binding Contract between us and you.
Order despatch Confirmations shall contain the following information:
your Order Number;
a link to the order containing Confirmation of the Goods;
if you have chosen a tracked delivery service, the tracking number and service for your order;
We will also include a paper copy of the Order Confirmation with your Goods.
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
In the unlikely event that we do not accept or cannot fulfil your Order for any reason no payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 working days.
Any refunds due will be made using the same payment method that you used when ordering the Goods.
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
Available methods of payment are shown on the Site.
Delivery, Risk and Ownership
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody take delivery of the goods from the delivery service used.
You will become the owner of the goods you have ordered when they have been dispatched to you.
If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
All Goods purchased through the Site will normally be delivered according to the times set out on the shipping information at checkout.
In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation you may treat the Contract as being at an end immediately and be entitled to a refund of the amounts paid by you.
Delivery shall be deemed complete once we have delivered the Goods to the address you have provided.
Any refunds due will be made using the same payment method that you used when ordering the Goods.
- Your order can't be amended or cancelled once you've placed it. This includes swapping products, changing your delivery address, and changing payment methods. You can always return any unwanted orders to us for a refund.
This warranty applies to purchases made though the Site with effect from 23 October 2019 If you have previously backed eto on Kickstarter or contributed to eto’s campaign on Indiegogo please see our Crowdfunding Warranty here .
We offer a limited warranty of defects in materials and manufacturer’s defects for a period of 1 year after delivery.
The 1 year warranty is limited to the repair or replacement of the product or component. Subject as below the glass base is not covered by our warranty. Our warranty does not include coverage for loss of any wine or other liquid with respect to which the eto was used.
Damage caused as a result of the following conditions is not classed as a manufacturing defect, and will not be covered by our warranty:
Damage caused by abuse or negligence
Standard wear and tear, scratching or colour fading
Products that have not been used or maintained in accordance with the User Guide supplied with your eto and available on the website.
It is eto's responsibility to supply you with goods which are as described on www.etowine.com. If there is a fault with your eto, that we cannot repair you are entitled to receive a replacement or a full refund including shipping. Since all customers’ issues are unique, If you have a warranty claim, we will work with you to find the right solution to the problem you have encountered. Please contact firstname.lastname@example.org with the following information:
Proof of purchase ie
- your purchase receipt or
- your order confirmation number
A description of the defect and details of when it was first noted.
A photograph or video of item which illustrates the issue.
We do not accept liability for any items returned to us without prior notification so please do not return products to us without contacting us first.
Please also note that we cannot accept responsibility for loss or damage in transit. Please ensure the products are sent with a tracked service.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence.
We will not be responsible for any loss or damage that is not foreseeable nor for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss suffered as a result of not being able to use the product; any loss over and above the purchase price of the original item or any loss of goodwill or reputation; or any special or indirect losses.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If any event described immediately above occurs that is likely to adversely affect our performance of any of our obligations under these Terms:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, our affected obligations under these Terms will be suspended and any time limits that we are bound by will be extended accordingly;
We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of our control continues for more than 14 days we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 working days of the date on which the Contract is cancelled.
If you wish to contact us about any aspect of your dealings with us you can do so at email@example.com
We use all reasonable efforts to ensure that this website is free from viruses, bugs or similar destructive programs or code but we do not guarantee it. We shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this Site.
Third Party Links
A third party website accessed from a link on the Site is independent from us.
We have no control over the content of that website.
We have no control over the management of any third party website or the terms and conditions of use of any third party website, .
You view and rely upon the contents of any such third party website at your own risk.
We accept no liability to you and make no representations or endorsements about any third party websites or the content on such websites.
Other Important Terms
We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms without our express written permission.
You may not copy, download, reproduce, modify, publish, redistribute, re-transmit, publicly display any element of this Site or create derivative works from it.
The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms hall be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time the Site may contain technical inaccuracies or typographical errors.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the paragraph immediately above takes away or reduces your rights as a consumer to rely on those provisions.
Crowdfunding Refunds & Returns Policy
All crowd funding is currently on the Indiegogo platform. If you are an Indiegogo eto Backer (“Backer”) and change your mind about your contribution before the dispatch of your perk, we offer a refund minus the 11% already taken by Indiegogo. If the refund is more than 10 days after the initial contribution it will be refunded via PayPal (we do not have access to the card details you used to make the contribution). We do not offer refunds after dispatch.
If you have received your eto and have decided that you no longer want it it is not our policy to offer refunds or returns on items received on Kickstarter or Indiegogo after the dispatch of products unless as set out in 26.3 and 27 below.
- Generally, supporting a campaign on Kickstarter/ Indiegogo and getting a reward/pledge is a different process than buying a product directly.
- The support we get from backers is what enables us to run and grow our business, gather customer feedback, design new products and improve existing ones. In the Kickstarter community, the items that you receive after making a pledge are referred to as “rewards” because they are not purchases in the traditional sense;
- From the Kickstarter FAQ "Kickstarter is not a store. When you back a project, you’re helping to create something new — not ordering something that already exists."
- Indiegogo states “Although contributing to a campaign is not the same as purchasing a product, when you support a crowdfunding project, you help bring ideas to life!”
- We appreciate your understanding of our policy and continued support. Please don’t hesitate to contact firstname.lastname@example.org us if you have any questions.
We offer a time limited right to EU backers, only, to change their minds, which expires 14 days after receipt of your eto. Please see below.
EU Crowdfunding Backer Returns Policy
If you are a Backer in the European Union, you have a legal right to a 14 day “cooling-off” period within which you can return your eto for any reason. This period begins once your eto is delivered by our carrier.
If you wish to exercise your right to cancel, you must inform us of your decision within 14 days. You may do so in any way you wish, as long as it is clearly stated. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- Please use the following details:
- Email: email@example.com;
- With the heading “Return” and providing us with your name, address, email address, telephone number, and Order Number.
- Please ensure that you return your eto to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel.
- You may return eto to us by post or another suitable delivery service of your choice - please contact us for the return address.
- Please note that you must bear the costs of returning eto to us. Please also note that we cannot accept responsibility for loss or damage in transit.
- Please ensure the products are sent with a tracked service.
- Refunds will be issued to you within 14 calendar days of the day on which we receive the eto back
Refunds may be subject to deductions in the following circumstances:
- Refunds may be reduced for any diminished value in the eto resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the eto and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the eto has been handled excessively.
If a refund is issued, you will receive a full refund of any delivery charges you paid when backing us/ contributing.
Refunds will be made using Paypal – we do not have access to the card details you used when backing us/contributing.
- Any statutory rights that Backers may have are not affected by this Crowdfunding Backer Returns Policy.