1 DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Products: means the wine, sparkling wine and/or cider that we are selling to you as set out in your Order;
1.1.2 Order: your order for the Products;
1.1.3 Terms: the terms and conditions set out in this document; and
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2 TERMS AND CONDITIONS
2.1 Please take time to read these Terms carefully as they affect your rights and liabilities under law. By placing any order, you agree to be bound by these Terms.
3 OUR CONTRACT WITH YOU
3.1 When you submit an Order to us, this does not mean that we have accepted your Order. Our acceptance of your Order will take place as described in clause 3.2. If we are unable to supply you with the Products, we will inform you of this and will not process the Order.
3.2 These Terms will become binding on you and us when we issue you with a written acceptance of an Order or, if earlier, we start processing you Order, at which point a contract will come into existence between you and us.
3.3 We will assign an order number to the Order and inform you when we confirm the Order. Please quote the Order number in all subsequent correspondence with us relating to the Order.
3.4 We aim to show items as accurately as possible, but they may look different in the flesh. If there is anything unclear, or if you wish to obtain further information, please contact us at Gribble Bridge Lane, Biddenden, Ashford, Kent, TN27 8DF between 8.45am and 5:45pm (GMT) Monday – Friday.
4 CHANGES TO YOUR ORDER
4.1 You may make a change to your Order at any time before we despatch the Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. If the price is higher, you can choose to cancel the Order by informing us promptly in writing.
5 DELIVERY OF THE PRODUCTS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please note we are unable to deliver outside of UK mainland. Unfortunately orders for delivery overseas cannot be placed online. Delivery charges will be confirmed during the checkout process if you order online or prior to your Order being processed if you place a telephone Order.
5.2 Our couriers normally deliver Monday to Friday, between 8.30am and 5.30pm. If you are not there and have not provided us with alternative delivery instructions when placing your Order the driver will leave a note to inform you that delivery has been attempted and the Products have been returned to the depot. If the Products are returned to the depot, you will need to make arrangements with our couriers for a second delivery attempt. If you are not there for a second time we reserve the right to have the Products returned to us and, in the event you contact us to request us to attempt delivery another time, to charge you additional delivery costs. Our delivery times are usually 3-5 days from the date the Order has been placed (excluding weekends and bank holidays). At busy periods despatch and delivery may take longer than 3 – 5 working days.
5.3 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.5 You own the Products once we have received payment in full and they have been delivered to you.
6 RETURN OF DAMAGED OR MIS-DESCRIBED ITEMS
6.1 When your items are delivered please check the Order carefully to ensure it is complete and no items are damaged. In the event that your Order is visibly damaged, do not accept the order and please return to the courier.
6.2 If you have accepted the Product(s) and subsequently discover that they are damaged / misdescribed or items are missing, you may be entitled to a refund, price reduction or replacement. Where a replacement is not possible e.g. because the item is no longer available then a refund will be offered.
6.3 Please note that for our third party courier company to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the Product(s). Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable.
6.4 If you have any problems with your purchase, we can offer help and assistance. Please contact us by emailing us or calling between 8.30am and 5pm (GMT), Monday to Friday (excluding bank holidays).
6.5 Your rights under UK or your national consumer legislation are not affected.
7 AVAILABILITY
Please remember that our Products are agricultural and run out from time to time and therefore are subject to availability. If for any reason we are unable to supply a particular item we will notify you and offer a similar product as a replacement.
8 PRICE AND PAYMENT
8.1 The price of the Products will be set out in our price list in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
8.2 We accept payment on our website by debit and credit card. We will not dispatch the Products until we are in receipt of cleared funds.
8.3 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
8.4 The prices for the Products exclude delivery costs, which will be added to the total amount due.
8.5 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the Product’s correct price is higher than the price stated on our website, we will contact you and provide you with the option of:
8.5.1 placing a new order at the correct price for the mis-priced item(s);
8.5.2 cancelling your order for the mis-priced item(s); or
8.5.3 cancelling the whole of your order.
9 YOUR CANCELLATION RIGHTS
9.1 You may cancel the Order, for whatever reason, from the moment you place the Order until 14 working days after the date you receive the Products from us, provided of course none of the Products have been opened or damaged.
9.2 If you wish to cancel the contract please e-mail us at info@biddendenvineyards.co.uk or write to us at Gribble Bridge Lane, Biddenden, Ashford, TN27 8DF.
9.3 Please note that if you choose to cancel the Order in accordance with clause 9.1 and the Products have already been dispatched to you, we will not be able to cancel your Order until the Products have been returned to us or collected by our courier and we have had an opportunity to inspect the returned Products. Please note that the return of the Products will be at your cost.
9.4 Once an order has been cancelled we will confirm this in writing to you and promptly provide you with a refund of the Products.
10 OUR CANCELLATION RIGHTS
10.1 We reserve the right to cancel any Order for any reason by informing you in writing. If you Order is cancelled we will contact you to explain why and refund any money you have paid us in respect of the Order.
11 OUR LIABILITY TO YOU
11.1 Subject to clause 11.2, if we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence for both of us at the time you make the Order. Our liability shall not include business losses such as loss of profits or business interruption. In any event, our liability to you shall be limited to the value of the Order.
11.2 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for any other liability it is unlawful to exclude or limit.
11.3 Given the nature of wine please 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.
11.4 Other than as stated elsewhere in these Terms, all warranties, conditions and terms expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the Products are hereby excluded to the fullest extent permitted by law. Nothing in these Terms shall affect your statutory rights as a consumer.
12 AGE RESTRICTION
12.1 By placing an Order you confirm you are of at least 18 years old.
12.2 To comply with the law, we can only deliver wine and other alcohol purchases from us to persons over 18 years old. Upon delivery, we may require you to sign for your order to confirm your age. We operate a “Challenge 25” policy which means that, even if you are over 18 years’ old but look under 25, you should expect to be asked for some proof of age at point of delivery.
12.3 Deliveries to your address are fulfilled by a 3rd party courier. If, upon delivery, there is no one at the delivery address to receive your Order or if the third party reasonable suspects the signee is under 18 we will not be able to leave the Products.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any circumstances beyond our reasonable control. And to the extent that such an event does occur and continues for a period of more than 28 days either of us may cancel the Order by giving the other notice in writing.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us to:
14.1.1 provide the Products;
14.1.2 process your payment for such Products; and
14.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
14.2 You agree to the terms of our Privacy Policy.
15 OTHER TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.
