Wine Subscriptions and Distance Selling

ought

Hello all,

Can anybody advise please.

I joined Wine52 and sometimes get their monthly subscription, often pausing it for a month or 3 at a time.

They do not send reminders and so I forgot to pause it this month, and only noticed when £41 was taken from my account.

I really don't want more wine and don't have the money to spend on it. I have tried cancelling it but it will probably be too late.

If the wine turns up I want to send it back, so what are my rights in this situation?

Their site says:

How Do I Return My Box?

If you would like to return a box, please contact support@wine52.com and someone from our friendly team will assist you. All returned items in your box must be unopened and the return logged with our customer service team. Unfortunately, we cannot offer free returns on the boxes of wine due to their heavy weight.

Due to the nature of our product, all cases are non-refundable unless defective in which we will send a replacement or a refund.

The first section is clearly contradicted by the second.

What are my rights here? Do they have to accept the return? And do I need to pay postage, or a fee or anything?

Thank you!

Flight3287462

Why not accept your box and cancel your subscription going forward.  Everything else is just hassle especially since you are at fault. 

Manxman_in_exile

ought said:

The first section is clearly contradicted by the second...

Hmmm.

I'm probably being excessively pedantic here, but the second section does not necessarily contradict the first, does it?

The first section says you can return a case - it says nothing about getting a refund for it.

If you consider yourself a good customer, but they won't give you a refund when you ask for it, then just cancel the whole thing and be done with them.  They're not worth it

Ditzy_Mitzy

This would fall under distance selling, so you have a right to return to a refund as long as the goods - wine in this case - are returned within 14 days.  The distance selling regulations have primacy over Wine 52's terms and conditions, which don't appear to be strictly lawful as they mention wine being 'non-refundable'.  You are, however, on the hook as regards paying for carriage.  

Manxman_in_exile

But 14 days from when?  Date of delivery of the wine or date of the subscription the wine was delivered under?  (That's assuming I've correctly understood the OP's complaint...)

ought

That is what Ditzy_Mitzy said:

This would fall under distance selling, so you have a right to return to a refund as long as the goods - wine in this case - are returned within 14 days.  The distance selling regulations have primacy over Wine 52's terms and conditions, which don't appear to be strictly lawful as they mention wine being 'non-refundable'.  You are, however, on the hook as regards paying for carriage.  

That is what I thought. Unless they wanted to try and argue it was perishable?

ought

Flight3287462 said:

Why not accept your box and cancel your subscription going forward.  Everything else is just hassle especially since you are at fault. 

Yes, mostly, but every other subscription service I have done send a warning e-mail that they are about to take money, to give one a chance to cancel. It would be good customer service.

Ditzy_Mitzy

Manxman_in_exile said:

But 14 days from when?  Date of delivery of the wine or date of the subscription the wine was delivered under?  (That's assuming I've correctly understood the OP's complaint...)

I think it will be the date of delivery of the wine rather than the date the subscription was taken out, because regulations only refer to actual receipt of the goods.  Prepared to be corrected, however.  

DullGreyGuy

Ditzy_Mitzy said:

This would fall under distance selling, so you have a right to return to a refund as long as the goods - wine in this case - are returned within 14 days.  The distance selling regulations have primacy over Wine 52's terms and conditions, which don't appear to be strictly lawful as they mention wine being 'non-refundable'.  You are, however, on the hook as regards paying for carriage.  

But this is a subscription service so 30(6) applies 

(6) If the contract is a sales contract for regular delivery of goods during a defined period of more than one day, the cancellation period ends at the end of 14 days after the day on which the first of the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

The OP had the first box of wine to judge its quality etc and the right to cancel ended 14 days after that. 

bris

Ditzy_Mitzy said:

This would fall under distance selling, so you have a right to return to a refund as long as the goods - wine in this case - are returned within 14 days.  The distance selling regulations have primacy over Wine 52's terms and conditions, which don't appear to be strictly lawful as they mention wine being 'non-refundable'.  You are, however, on the hook as regards paying for carriage.  

Distance selling not an option here its a subscription service, the distance selling started on the first day and finished 14 days later. You don't get a new distance sale every month.

HillStreetBlues

bris said:

Distance selling not an option here its a subscription service, the distance selling started on the first day and finished 14 days later. You don't get a new distance sale every month.

Has the issue been tested?

4 pack month subscription club includes 4 bottles of wine (£28.01), a copy of our magazine, Glug (£7.99), 2 wine snacks (£5) and free delivery. The price of £41 includes VAT of £4.67.

You "buy" everything listed above,  buy because they call it a "subscription service" it exempt form being able to return it under  the 14 day rule.