The following definitions and rules of interpretation apply to this agreement:
- Client: [You, Your & They] means the person, firm or company who purchases goods from Westwell Wines
- Westwell Wines: [Us, Our & We] means Westwell Wines, Westwell Vineyard, Westwell Lane, Charing, Kent TN25 4NG
- Goods: [Goods] means products or services provided by Westwell Wines and included in the order
- Order: [Order] means the order placed by the client on Westwell Wines
1. Application of Conditions
- This agreement prevails over any inconsistent terms or conditions contained, or referred to, in the confirmation of Order, promotional materials, or any other document supplied, or implied by practice, or course of dealing.
- There will be no contract of any kind between You and Us until We process Your Order and take payment. At any point up until then, We may decline to supply the Goods to You without giving any reason. Once You have received Our Order acknowledgment You should check and ensure that the Goods & delivery mentioned are those that have been ordered. Should there be any discrepancy You should inform Us within 24 hours of placing the Order by phone or email after which a contract will come into existence between You and Us and Goods will be delivered.
- For expedited deliveries, should delivery already have been made within 24 hours, then it is Your responsibility to ensure that the Goods delivered are as per ordered.
2. Detail of Goods offered
- The price, quantities of wine, type of wine, discounts applicable and delivery are detailed via Our website.
- Other services such as vineyard tours, tastings and consultations will be made by appointment at mutually agreed times and if applicable negotiated cost.
- Delivery of Your Goods will be detailed on the Order acknowledgment to their preferred delivery address within mainland Britain. Please call to discuss a surcharge for delivery to anywhere else in the UK (including the Scottish Highlands and Islands, Northern Ireland, The Isle of Man, The Scilly Isles and the Channel Islands) as well as outside the UK.
- Our delivery agent normally delivers Monday to Friday, between 9am and 5pm. If You are not in at the time of delivery Our delivery agents may leave the Goods at an alternative address provided You have instructed Us to do this at the time of arranging delivery. Otherwise Our delivery agent will leave a card for You to arrange a more convenient delivery time. Please enquire should a Saturday delivery be required as an additional surcharge may apply.
- All Goods must be signed for on delivery by an adult aged 18 years or over (see clause 6 for further information). If no one of that age is at the address when the delivery is attempted the Goods may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery. In these circumstances, if We have to re-deliver the Goods, a further delivery charge may become due and payable by You.
- It is Your responsibility or Your representative (see also clause 4.3) to inspect the Goods at time of delivery and report any damages or incomplete deliveries subject to clause 4.7. See also clause 9 for more information on Our returns policy.
- You are welcome to collect Your Goods in person at a mutually agreed time as agreed at time of Order. Should You do this, then no delivery charges will be incurred.
- We reserve the right to make delivery in instalments to You. If We choose to do so, this will be at Our cost and We will notify You beforehand.
- Once Your Goods have been delivered and signed for in accordance with Your original delivery instructions, it becomes Your, or Your designated recipient’s, responsibility from the point of delivery. We will not be liable for stolen Goods once they have been delivered and signed for. This does not affect Your right to replacement Goods if any of the Goods are damaged (see clause 9 for further information).
4. Prices and Payment
- In the event that We mistakenly list any Goods at an incorrect price, We reserve the right to refuse or cancel any Orders placed for the Goods listed at the incorrect price. We reserve the right to refuse or cancel any such Orders whether or not the Order has been processed and Your credit/debit card charged. If Your credit/debit card has already been charged for the Goods and Your Order is cancelled, We shall issue a credit to Your credit/debit card account to the amount of the incorrect price only.
- All prices are quoted in pounds sterling (unless otherwise specified) and include duty (unless otherwise specified). Value added tax (VAT) is detailed on any invoice provided. Any delivery charges will be to specified addresses within England and Wales. Additional charges apply for delivery outside of this (see clause 4.1 for further details).
- A VAT invoice will be either be sent with the delivery or sent separately to You once delivery has been made.
- Payment is to be made prior to delivery for all Orders received through Our website. Should You wish to set up a trade account with Us, please contact Us via Our Website.
- We accept payment by credit and debit card through Our Website. Should You wish to pay by alternative means such as BACS transfer or cheque then please contact Us via Our website at email@example.com.
5. Age Restriction
- We will not sell wine to anyone who is not 18 years old or over. By placing an Order You confirm that You are at least 18 years old.
- If You are buying a case of wine as a gift - the recipient must also be over 18 years old.
- If Our delivery agents are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately Our delivery agents will be unable to leave the wine (also see clause 4.3).
6. Data Protection
- By providing Your details to Us, You are consenting to Us maintaining, recording, holding and Using the information You give Westwell Wines at the time of Order to process Your Orders, to improve Our service to You and inform You of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
- We will not pass Your details to any third party without Your permission, other than where We have to do so to get Your Goods to You. From time to time, We may send You information regarding Our wines and other information about Us and Our products, services and offers, unless You have told Us not to do so by emailing Us at firstname.lastname@example.org.
7. Acceptance & Cancellations
- Following receipt of the Order We will process it and take payment (see as well clauses 2.2 & 2.3).
- We reserve the right to cancel any uncompleted Order, or suspend delivery, if You fail to observe or perform any obligation on the Your part that should be observed and performed, or if We reasonably believe that in all the circumstances that You may do so.
- You may cancel Your Order within 24hrs of placing it or prior to dispatch and be entitled to a full refund. In Order to cancel an Order You must contact Westwell Wines via email (email@example.com) or by telephoning the vineyard (+44 (0)1233 714618). Should You cancel an Order after dispatch You must return the Goods in exactly the same condition as they were dispatched. On receipt of the returned Goods in a satisfactory condition a refund minus the cost of delivery and/or collection will be made. Should You fail to return the Goods in a satisfactory condition within 14 days from the date of cancellation the Goods will be deemed to have been accepted. If the Goods are returned in an unsatisfactory condition or beyond 14 days We reserve the right to offer zero or partial reimbursement.
- We reserve the right to cancel at any time Your Order for any reason up to delivery of the Goods.
- You should ensure that all bottles are carefully inspected on delivery, as We will not consider any claims for breakages unless the breakage is stated on the delivery documentation.
- If some or all of Your wines are broken, missing or spoiled when they are delivered You should notify Us by email (firstname.lastname@example.org) or telephone within 24hrs of delivery and We will replace any damaged or missing wines.
- Any wines collected by our carrier must be in their original box to avoid further breakages, where possible.
- Nothing in clause 9 shall affect Your rights under law as a consumer.
- We warrant that the wines will be of satisfactory quality and fit for their general purpose for a period of 12 months. Given the distinct nature of wine, do remember that their maturation is a variable process and some wines may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty. Should You find that Goods have spoiled within this period, You should contact Us for a replacement subject to clause 10.2.
- Wines should be stored and handled in an appropriate way to allow good maturation and full life. We recommend storage temperatures of between 10-16 degrees and out of direct sunlight. Should You be unable to show that these guidelines have been followed We reserve the right refuse replacement.
10. Limitation of Liability
- Except in the case of death or personal injury due to negligence or fraudulent misrepresentation for which no limit shall apply the limitation of Our liability to You for direct loss or other loss within the reasonable contemplation of the parties at the time of Your Order will be limited to total price paid in respect of any one event or series of connected events.
- Save as provided in clause 9, We shall not be responsible to You for any indirect consequential or economic or special loss or damage whatsoever or for any loss of business, loss of contracts, loss of profits or use, any deletion, corruption, destruction or loss or removal of data, loss of goodwill or loss of reputation or any financial loss.
- You should also be aware of the following inherent risks and warnings:
- Any alcohol should be consumed in moderation.
- A case of wine is heavy so extra care should be taken when lifting it. If needed We advise You transfer bottles 1 or 2 at a time.
- Sparkling wines can be volatile due to the build up of gases; therefore We recommend that extra care be taken by You when opening these bottles.
- We will not be responsible for spillages that occur once delivery has been made.
- The Goods are at Your risk from the time of delivery
- If for any reason You do not accept delivery of the Goods when they are ready for delivery, or We are unable to deliver the Goods on time as a result of You not providing appropriate instruction then:
- The Goods shall be deemed to have been delivered on a specified delivery date on the Order or Order confirmation.
- The risk in the Goods shall pass to You at that time and We may store the Goods until delivery and You will be liable for all related additional costs and expenses such as, but not limited to, storage and insurance.
- Title and property in the Goods shall not pass to You until We have received full payment (as cleared funds) on all sums due including any sums due on account or interest on sums due.
- We shall not be liable for any delay in or for failure to perform obligations if that delay or failure is caused by circumstances beyond Our control such as, but without limitation, any strike, lock-out or other form of industrial action, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or Act of God, difficulty or increased expense in obtaining staff, materials, goods or raw materials, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
- This Agreement does not confer or purport to confer on any third party any benefit or any right to enforce any term of this agreement.
- These terms supersede any previous terms and conditions and We reserve the right to modify these terms and conditions at any time and in any way. It is Your responsibility to read these terms prior to entering into any contract.
- The sale of the Goods takes place only when specific Goods are appropriated to the contract.
- If any court rules that any of the provisions included in these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions shall be subject to English law and the exclusive jurisdiction of the Courts of England and Wales. Here are Our details should You want to contact Us: email@example.com www.westwellwines.co.uk
- No amendment of variation of these Terms and Conditions shall be effective unless in writing and signed by a duly authorised representative of all of the parties.