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Terms of use

These terms and conditions govern the use of our website and by placing an order through our website you accept these terms and conditions.  An order placed through this website is an offer to purchase the goods subject to these terms and conditions.

Where to find information about us and our products

You can find everything you need to know about us, Divino Food & Wine, and our products on our website before you order. To the best of our knowledge the information on our website is correct.  We also confirm the key information to you in writing after you order, by email.

We don't give business customers all the same rights as consumers

For example business customers have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that:

We only accept orders when we've checked them.

  • Sometimes we reject orders.
  • We charge you when you order .
  • We pass on increases in GST.
  • Delivery
  • We're not responsible for delays outside our control.
  • Products can vary slightly from their pictures.
  • The deadline for changing your mind.
  • You have rights if there is something wrong with your product.
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don't compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Policy.
  • You have several options for resolving disputes with us.
  • Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we've checked them

We contact you to confirm we've received your order and then we contact you again when we accept it and we dispatch or supply the product.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside the Jersey or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

We do not accept orders on credit for later payment.

We pass on increases in GST

The prices on our website is inclusive of GST.  On your invoice GST will appear as a separate entry. If the rate of GST changes between your order date and the date we supply the product, we adjust the rate of GST that you pay, unless you have already paid in full before the change in the rate of GST takes effect.

Delivery

We only deliver to addresses in the Island of Jersey.  We aim to deliver products the next working day after an order has been accepted. Our time slots for delivery are:

Monday to Friday:
08.00 – 10.00
11.00 – 13.00
14.00 – 16.00
17.00 – 19.00

Saturday:
08.00 – 10.00
11.00 – 13.00

All deliveries must be signed for on receipt and all deliveries containing alcohol must be signed for by a person over the age of 18.  We reserve the right to require age verification on delivery.

Delivery Charges

We do not charge for delivery for all orders over £30
If an order is less that £30 a £10 delivery charge will be incurred.
We reserve the right to charge for re-delivery.

Collection

It is possible to collect products from our warehouse at Unit 8 Springside, La Rue De La Monnaie, Trinity, Jersey, JE3 5DG

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as staff shortages due to illness, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us on 01534 866817 to end the contract and receive a refund for any products you have paid for, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or its packaging may be slightly different. 
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 24 hours after the day we deliver your products.

How to let us know 

To let us know you want to change your mind, contact us on 01534 866817.

You have to return the product at your own cost

You need to bring the product to our warehouse at Unit 8 Springside, La Rue De La Monnaie, Trinity, Jersey, JE3 5DG.  You will need your email receipt and the card you paid with.

We will not issue a refund where you have used or damaged a product

If you use a product or handle a product in a way that it is no longer in a resell-able condition, we will refuse your refund.

When and how we refund you

We will issue a refund within 7 days of the product being returned to our warehouse. We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your product

Return the product to us

If you think there is something wrong with your product, you must bring the product to our warehouse at Unit 8 Springside, La Rue De La Monnaie, Trinity, Jersey, JE3 5DG.

Your rights and remedies

We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.  Should a product be defective we shall replace the defective product or refund the price of the defective product in full.

We can change products and these terms

Changes we can always make. We can always change a product to reflect changes in relevant laws and regulatory requirements such as restrictions on the sale of certain products;

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product.

We do this to:

  • deal with technical problems;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • where there is no person aged over 18 able to receive the delivery of the products.

We let you know, may adjust the price and may allow you to terminate

We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product and we adjust the price before the product can be dispatched we will not charge you for any increase and will refund any decrease.

We can withdraw products

We can stop providing a product. We let you know at least as soon as possible after your order is placed and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if you don't, within a reasonable time, allow us to deliver the products to you in the presence of a person aged 18 or over or collect the product from us.

We don't compensate you for all losses caused by us or our products

Our liability to consumers

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses

If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to [£5,000,000.00].

Losses we never limit or exclude

Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by article 21 of the Supply of Goods and Services (Jersey) Law 2009;
  • goods that do not conform under the article 79 of the Supply of Goods and Services (Jersey) Law 2009; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods

Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by Articles 22 to 2 of the Supply of Goods and Services (Jersey) Law 2009.


We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Complaints

Our Customer Service Team can be reached on 01534 866817 and will do their best to resolve any problems you have with us or our products.

You can go to court

These terms are governed the laws of the Island of Jersey. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the Jersey courts.

Other important terms apply to our contract

Nobody else has any rights under this contract

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later

We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.