usa.etowine.com website terms
The domain name usa.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”, “eto” “us” or “our”).

eto is protected by Patents all around the world, including USA, Europe, China

eto provides its content on this website (the “Site” and “Site Content”) subject to the following terms and conditions (the “Terms”).

We may periodically change the Terms, so please check back from time to time. These Terms were last updated on 5th October 2023. By accessing and using this Site, you agree to these Terms.

1. Terms of use

1.1 Trademark

“eto” is a registered trademark of TLC Design Limited, trademark No. 017963312.

You agree that you will not refer to or attribute any information to eto or its licensors in any public medium (eg press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce the Trademark of, or imply any endorsement by or relationship with, eto or its licensors.

How we use your personal information
For an explanation of our practices and policies related to the collection, use, and storage of your information, please read our Privacy Policy.

1.2 Copyright

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement of them are owned by us or our licensors. 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 our permission.

1.3 User postings and Comments

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, and you hereby waive any claims against eto for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such comments.

We are and shall be under no obligation 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 any advertising or any libelous 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, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

1.4 Access to the Site

Access to the Site is free of charge. The content and functionality on the site are provided with the understanding that we are not herein engaged in rendering professional advice and services to you.

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.

We and our third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content.

1.5 Third-Party Web Sites

We may provide links to third-party websites. We have no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

1.6 Viruses

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.

1.7 Your use of the site

It is your responsibility to make any and all arrangements necessary in order to access the Site.

You are prohibited from using the Site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• 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;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• 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.

1.8 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 the 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.

1.9 Competition Rules

From time-to-time eto runs competitions across various platforms including but not limited to etowine.com, our social media accounts, and various third-party websites. Winners are chosen by eto and closing dates, where applicable, are stated on the competition form. All competitions are open to anyone over the legal age in your country of residence. Any entrant responses may be used on social media or in our marketing channels. Winners will be notified via the same platform where the competition was held. No cash prize alternatives. If no confirmation is received from the winner(s) within 14 days, we reserve the right to award the prize to an alternate winner.

2 Sales Terms

2.1 General

These Sales Terms (together with the documents referred to in them) inform you of the terms governing how we supply our products to you via the Site. By using the Site, you agree to be bound by these Terms. By ordering products from us, you signify that you are at least the age of majority in your country, state or province of residence and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not use or place an Order.

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.

The Site is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

If you have any questions about these Terms please contact hello@etowine.com.

2.2 Definitions

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;
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

2.3 Goods, Pricing, and Availability

2.3.1 Goods

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 color 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 our Warranty if you receive Goods that are not as described.
Where appropriate, you may be required to select the required color 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.

2.3.2 Personalization Terms

• Personalization will be in the form of an engraving to the eto glass base.
• The script size and style are set by our designers.
• You can engrave up to three characters on the top line, and fifteen characters on the lower line.
• Numbers, letters, spaces and ampersand only.
• If ordering more than one engraved eto, please add each decanter to your bag and add engraving text separately.
• Engraving will extend processing time by up to seven working days and this will have a knock-on effect on delivery.
• Engraved etos are not returnable or refundable.
• Once your order has been placed, the chosen engraving cannot be amended, so please double-check your message before completing your purchase.

2.3.3 Prices

Prices are shown on the Site and include VAT (sales tax) for customers in the UK. Other taxes and customs duties are not included in our prices and are payable locally by you. We pay sales tax and duties on behalf of recipients for all orders shipped to an individual domestic address in the EU only.

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 through 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 discount unless otherwise stated. They must be applied during the checkout process and may not be applied retrospectively.

2.4 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 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 because 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 acknowledgment 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.

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 judgment, 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 fulfill 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.

2.5 Order Dispatch Confirmations

Order dispatch 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;
  Any refunds due will be made using the same payment method that you used when ordering the Goods.

2.6 Payment

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.

2.7 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 to 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.

Delivery shall be deemed complete once we have delivered the Goods to the address you have provided - as evidenced by proof of delivery confirmation from our carrier, where applicable.

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.

Any refunds due will be made using the same payment method that you used when ordering the Goods.

2.8 Cancelling Orders

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 return any unwanted orders to us for a refund unless your order is for personalised goods.

2.9 Returning Goods

For orders placed through this Site, please see our Returns & Exchange Policy- link here.

2.10 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 minimize the delay;
• To the extent that we cannot minimize 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 30 days, we will cancel the Contract and inform you of the cancellation.
  

2.11 Privacy

Use of the Site is also governed by our Privacy Policy which is incorporated into these terms and conditions.

2.12 Disclaimers

To the extent that the applicable law permits, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

2.13 Our Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability apply to liability arising as a result of the supply of products to you, which are set out in our warranty.

2.14 Indemnity

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these terms and conditions or use of the Site.

2.15 Applicable Law

These Terms are governed by the laws of England. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

2.16 Termination

We may close your Account and terminate your use of the Site at our discretion at any time and without notice.

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

We may also terminate or suspend your access to the Site for inactivity, which is defined as failing to log into the Site for an extended period, as determined by us. The amount of time that we currently consider as an ‘extended’ period may be up to 6 months.

Upon any termination of the Site or your Account, these Terms will also terminate, but Sections 15, 16, 17, 18, and 19 (plus those that by their nature should survive termination) shall continue in force.

If we terminate your access to the Site, we may, in our sole discretion, delete any Submissions or other materials relating to your use of the Site.

If you violate any of these Terms, your permission to use the Site will automatically terminate.

2.17 Contact Information

The Site is owned and operated by TLC Design Limited, a company registered in England. If you have any questions about these Terms, please contact us at:

Email: hello@etowine.com

2.18 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.
• 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 shall 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 judgment, 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.

2.19 Entire Agreement

These terms and conditions, together with:

• our current website prices.
• delivery details,
• shipping policy
• returns & exchange policy,
• warranty terms & conditions, and
• privacy policy

set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

2.20 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.