De Burgh Wine Merchants – Terms & Conditions of Sale

Terms and Conditions

In these Terms

These terms (“terms”) apply if you want to purchase products or services from us or use our website. Please read these terms carefully before using the site. By using the Site you agree that you have read, understood and accept these Terms. If you do not agree to be bound by these Terms, you may not use or access the Site or place an order with us.

“the company” means de Burgh Fine Wine Ltd trading as de Burgh Wine Merchants. In these terms we may refer to “the company” as “we” or “us”

“the products” means the goods or services to be sold by the company.

“the customer” means the person or business seeking to purchase the products from the company. We may refer to “the customer” as “you”

“the terms” means the terms set out in this document and any special terms agreed in writing between the company and the customer.

About us

de Burgh Fine Wine Ltd trading as de Burgh Wine Merchants incorporated in Scotland (SC435185) whose registered office is Fordel Mains Steading, Dalkeith, Midlothian, EH22 2PQ. The Company is VAT registered (174 9519 69) and AWRS registered (XTAW00000104839)

Terms of Sale

Contract creation

The placing of an order anywhere on our website does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by the company nor at the point when you receive an email from the company acknowledging receipt of your order.

Non-acceptance of an order may be a result of one of the following:

The product(s) you ordered being unavailable from stock

Our inability to obtain authorisation for your payment

Our inability to verify that you are aged over 18

The identification of a pricing or product description error


All prices are quoted in pounds sterling. The prices include UK duty and VAT. Any delivery charges are additional.

Although we endeavour to ensure that all pricing information on our website is accurate, occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.

Discount Codes

We reserve the right to suspend or cancel any discount code at any time and without any forewarning. We reserve the right to exclude, at our discretion, any products from being further discounted by a discount code.


All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. It is the bane of our life keeping vintages correct and we do everything possible to ensure that the stated vintages are accurate. Where the stated vintage is unavailable we will provide the next available vintage. The vintages displayed on bottle shots may not be indicative of the vintage in the description or for sale.


We deliver to mainland UK, the Scottish Islands, the Isle of Wright and Northern Ireland. Other delivery destinations are possible but need to be arranged in advance with us by calling the office. Delivery charges and times vary depending on where the delivery destination is but are stated at checkout. Where we cannot deliver in our own vans we use a third party courier which requires a signature. If you are out, the delivery driver may be able to leave your order, for example, in a safe place or with a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us within 24 hours of receiving delivery if any of the order is incorrect, missing, damaged or indeed if we have delivered extra wine that you would like to pay for!

Returns & Refunds

De Burgh Wine Merchants and all our suppliers want you to enjoy the wines and spirits we sell just as much as we do. It would sadden us greatly if you were not to enjoy them or there was a fault with them.

If, for whatever reason, you’re unhappy with the wine we’ve sent you then please ring 01875 959 100 to speak to a real person who will do everything in their power to put it right.


All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.

Age Restrictions

It is against the law for any person under the age of 18 to buy, or attempt to buy alcoholic products or for any person over the age of 18 to buy or attempt to buy alcoholic products for any person under the age of 18. De Burgh Wine Merchants is committed to upholding its legal and social obligations as a retailer of alcoholic products. By placing an order you confirm that you and the recipient of the wine are at least 18 years old. If our delivery drivers are in doubt of the age of the recipient of an order they will request photographic ID. In the event that this is not satisfied they are not permitted to leave the wine or spirits.


Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.

You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.

Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, pandemic, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.

We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:

Your failure to lift, transport, store or otherwise handle any product in an appropriate and safe manner; or

Your failure to comply with the recommendations set out in the “Risks, warnings and storage conditions” section below; or

Any spillages or breakages involving one or more of our products.

Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.

Risks, warnings and storage conditions

You should be aware of the following inherent risks and warnings in respect of our products:

Alcohol should be consumed in moderation. Excessive drinking of alcoholic products is dangerous and can damage your health. We would strongly advise pregnant women to not consume our products due to the risk to you and your unborn baby’s health. A case of wine is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time. Red wine in particular may cause staining if spilt so extra care should be taken. Sparkling wines and champagnes can be volatile due to the build-up of gasses. Extra care should be taken when opening these. The correct storage of wine is of vital importance. Where possible, you should store bottles horizontally, at a stable, cool temperature, out of direct light and in an atmosphere which has some moisture in order to avoid the drying out of corks. The wine should be subject to as little movement as possible.

Contact us

If you have any questions regarding orders or any general enquiries please do let us know by email –, calling on 01875 959 100 or the old fashioned way by writing to us at de Burgh Wine Merchants, Fordel Mains Steading, Dalkeith, Midlothian, EH22 2PQ

Use of the Site

To comply with licensing and other legislation, the Site is only available to those aged 18 years and over. By using the Site, you agree that you are aged 18 or over. If you are not, you must not use the Sites.

You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Site.

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.

Intellectual Property Rights

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the de Burgh Wine Merchants trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Privacy and data protection

We process information about you in accordance with our Privacy Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.


We have taken all reasonable care in the preparation of the content of the Site. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Site or its contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Site and content on the Site is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Site.

We expressly exclude, to the fullest extent permitted by law, all liability of de Burgh Fine Wine Merchants, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.

All content, text and graphics on the Site, unless specified, are directed solely at those who access the Site from the United Kingdom. We make no representation and will not be held liable for any use of the Site by individuals who access the Site from other locations.

Information transmitted via the Site will pass over public telecommunication networks. We make no representation or warranty that the operation of the Site will be uninterrupted or error free and we will not be liable to you if for any reason the Site are unavailable at any time or for any period or if there are any errors.

The Site may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.

Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.

This section does not:

Apply to our obligations under the Terms of Sale – please see the “Liability” section in the Terms of Sale for details of our liability to you in respect of the Terms of Sale; or

Affect your legal rights as a consumer in respect of any of our products or services (for example, if any of our products do not match the description given to them on the Site). For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.


Amendments to these Terms

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Site. By continuing to use the Site or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.

Other important terms

These Terms are governed by the laws of Scotland and the Scottish courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.

Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.

These Terms set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

Last updated: January 2021