Terms of Service
CHILWORTH MANOR VINEYARD LIMITED
We are sorry that the following terms and conditions are in fairly lengthy and complicated legal terms.
However, we are very confident that if you do have any issues with your purchase, we will be able to resolve this for you without getting into the details below. Please therefore contact us at firstname.lastname@example.org if we can be of any help and we will endeavour to get back to you as soon as possible. Alternatively please call our customer services on 01483 570797.
1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions (“Terms”) on which we supply products (meaning wine, sparkling wine and any other alcoholic and non-alcoholic beverages) to you, whether these are as goods or services which are related to the goods (“Products”).
1.2 Why you should read them. Please read these Terms carefully before you submit your order for the Products (“Order”) to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Chilworth Manor Vineyard Limited a company registered in England and Wales. Our company registration number is 08411555 and our registered office is at Albury Mill, Mill Lane, Chilworth, Guildford, Surrey GU4 8RU. Our registered VAT number is 162300556.
2.2 How to contact us. If you have any questions or wish to discuss any Products, please contact us by telephoning our customer service team at 01483 570797 between 9.00am and 5.00pm (GMT), Monday to Friday (excluding bank holidays) or by writing to us at email@example.com We always endeavour to reply within one working day.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your Order for the Products. Our acceptance of your Order will take place when we email or text message you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.3 Your Order number. We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.4 We only sell to mainland UK. Our website is solely for the promotion of our Products in the UK and please see clause 2(b) for further information. Unfortunately, we do not accept Orders from addresses outside the UK. If you would like to purchase Products for delivery outside of the UK, please call customer services on 01483 570797 or email us at firstname.lastname@example.org and we will provide you with delivery costs and timings.
4. AGE RESTRICTION
4.1 It is illegal to sell alcohol to anyone who is under the age of 18. By placing an Order with us you confirm that you are at least 18 years old. We therefore have absolute discretion to refuse any Order if we suspect that you are under the age of 18.
4.2 Delivery or collection (pursuant to clauses 7.2(b) or 7.6) of the Products may be subject to you providing satisfactory proof of your age.
5. OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
5.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
5.3 Storage. We have taken so much care making our Products and therefore want to make sure it is in perfect condition when you drink it. To help ensure this, please follow these simple storage guidelines:
- Wine is best stored on its side in a cool dark place (or in the box) at around 13 Celsius.
- Avoid sudden changes of temperature.
- Avoid direct light of any kind.
- Drink within 1-2 years.
5.4 Maximum. Please note the maximum number of bottles per Order is 2.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your Order please contact us immediately. We will let you know if the change is possible which will depend on whether the Product has been despatched or not. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary, as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change, continue with the original Order, or cancel the Order altogether.
7. DELIVERY OF THE PRODUCTS
7.1 Delivery costs. Delivery will be charged per Order at a flat rate of £4.99
7.2 If the Products are goods.
We will deliver the goods to you as soon as reasonably possible and usually within 2-5 working days after the day on which we accept your Order. Such timescale remains dependent on availability of the Products and the delivery address.
Please note we are currently only delivering to mainland UK addresses. The delivery charges quoted above are applicable to UK mainland only and exclude the Scottish Highlands and Islands, Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and the Channel Islands. If you require delivery to the Highlands or Islands, this can be arranged but the costs will be substantially higher. Please contact us to arrange a quote before placing your Order.
Collection from the Vineyard Barn is available on Wednesdays between 12-2pm. If you select this option, you will be able to collect your wine on the nearest available Wednesday after your order or you can get in touch with us if you need it earlier than that. Please bring your proof of purchase with you.
7.3 If the Products are one-off services. We will begin the services on the date agreed with you during the Order process.
7.4 If the Products are ongoing services or a subscription to receive goods. We will supply the services or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.5 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.6 If you are not at home when the Product is delivered. If you are not home to receive your delivery, the driver will leave a card to inform you that delivery has been attempted and the Products have been returned to the local depot. If you receive a card, please use the contact details provided to rearrange the delivery.
7.7 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
7.8 Check items on delivery. When your Products are delivered please check them carefully to ensure your Order is complete and no Products are damaged.
- If you notice any damage immediately on delivery, do not accept the delivery and please return to the courier.
- If you have accepted delivery and subsequently discover any damage after accepting delivery, please refer to clause 1. Please note that in order for our third party courier company to accept liability for any damage caused in transit, we must submit notification of damage within 24 hours of delivery. Please therefore ensure that you inform us in writing of any damage within this 24 hour period.
7.9 When you become responsible for the goods. A Product which is goods will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
7.10 When you own goods. You own a Product which is goods once we have received payment in full and delivery has been completed.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, a full and current delivery address. If so, this will have been stated in the description of the Products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes; or
- update the Product to reflect changes in relevant laws and regulatory requirements.
7.13 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
7.14 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS OF CANCELLATION
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed or damaged you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you are a consumer and have just changed your mind about the Product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. Please note that spaces on our tours are very limited and therefore if the service you have purchased is a tour, we require you to notify us at least 48 hours before the start time of your tour;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 When you do not have a right to change your mind. You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running;
- Products sealed for health protection or hygiene purposes or Product longevity, once these have been unsealed after you receive them; and
- any Products which become mixed inseparably with other items after their delivery.
8.5 How long do you have to change your mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought services (for example, tasting events and tours)? If so, you have 14 days after the day we email you to confirm we accept your Order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO CANCEL
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call customer services on 01483 570797 or email us at email@example.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
9.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us via the method agreed with us in writing in advance.
9.3 When we will pay the costs of return. We will pay the costs of return:
- if the Products are faulty or misdescribed or damaged in transit (provided you notify us within the 24 hours period referred to in clause 8(b)); or
- if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling or storage of the goods in ways which we consider, at our absolute discretion, to have damaged their value.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the Product is a tour and the tour has been part performed, no refund will be paid. However, for any other service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10. OUR RIGHTS OF CANCELLATION
10.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 14 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 01483 570797 or write to us at firstname.lastname@example.org.
11.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506.
If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. See also clause 8.3.
If your Product is services, for example tasting events and tours, the Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it. See also clause 8.2.
11.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Product. The price of the Product (which includes VAT and other applicable taxes) will be the price indicated on the Order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Product.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, AmEx and PayPal. When you must pay depends on what Product you are buying:
- For goods, you must pay for the Products before we dispatch them.
- For services, you must pay in advance of the Services being provided.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Handelsbanken from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage 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, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
13.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.