WEBSITE TERMS OF SERVICE

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OVERVIEW

This website is operated by Mereworth Wines. Throughout the site, the terms “we”, “us” and “our” refer to Mereworth Wines. Mereworth Wines offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country. In the UK this is the age of 18.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mereworth wines, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mereworth Wines and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@mereworthwines.co.uk.

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MEREWORTH WINES TERMS AND CONDITIONS

1. DEFINITIONS
   In these Terms and Conditions the following words shall have the meanings set out below: “the Company” shall mean Mereworth Wines Limited; “the Purchaser” shall mean any person, firm, company or organisation from whom or from which the Company accepts an Order to supply Goods; “the Goods” shall mean and include physical goods sold by the Company as well as tickets for tours and tastings, experiences, dining events, private hire, group bookings and bespoke events, which are the subject matter of the Purchase Order as described in these Conditions and on the face of the Order; “the Order” shall mean the order placed on the Company by the Purchaser; “the Acknowledgement of Order” shall mean the Company’s written acknowledgement of the Purchaser’s Order, incorporating these Conditions. “working day” is 0900 to 1700 Monday to Friday, excluding bank holidays and public holidays.

 

1. GENERAL
   All Orders for the supply of Goods by the Company are made subject to these Conditions of supply and supersede any earlier sets of terms and condition issued by the Company. Any stipulation or condition contained in any of the Purchaser’s contractual documentation delivered to the Company which would conflict with these Conditions or in any way qualify or nullify these Conditions shall be deemed to be inapplicable to the Company unless expressly agreed to in writing in a document signed by the director of the Company.

 

1. ACCEPTANCE AND CANCELLATION
   3.1 Subject to clauses 4.2 and 6.1, a Purchaser may purchase any Goods directly from the Company at the Company’s premises, over the telephone or via the Company’s website.

3.2 Notwithstanding clause 3.1 above, a Purchaser may also request a quotation for Goods over the telephone or by email.

3.3 In the event that clause 3. 2 applies, the Company reserves the right to withdraw a quotation at any time without notice and without providing a reason. Furthermore, the Company reserves the right to refuse to supply a quotation at any time without providing a reason.

3.4 Unless withdrawn in accordance with Condition 3.3, all quotations are open to the Purchaser for acceptance for 30 days only, commencing on the date stipulated on the quotation. All quotations, once accepted by the Purchaser, remain subject to the Company providing an Acknowledgement of Order Form.

3.5 The Company reserves the right to cancel any uncompleted order, or suspend delivery, if the Purchaser fails to observe or perform any obligation on the part of the Purchaser to be observed and performed, or if the Company reasonably believes that in all the circumstance that the Purchaser may do so.

 

1. PRICE AND PAYMENT
   4.1 All prices quoted in the Company’s website, publications and store signage are subject to alteration or withdrawal without notice, are quoted in pounds sterling, and may be per bottle or per case.

4.2 If the Purchaser is purchasing the Goods in accordance with clause 3.1, payment will be due and payable at the time of placing their order.

4.3 If the Purchaser is purchasing the Goods in accordance with clause 3.2, prices quoted or stated in any Acknowledgement of Order Form are based on costs prevailing at the date of quotation or confirmation, and if between that date and the date on which the Goods are despatched variations occur to such costs, either by a rise or fall, the Company reserves the right to amend the prices and invoice the goods at the Company’s prices current on the date of despatch.

4.4 All prices are quoted inclusive of VAT and other applicable taxes for mainland UK relating to the sale or delivery of the Goods, unless specified otherwise.

4.5 Delivery charges shall be in addition to the price quoted per bottle or per case.

4.6 Unless otherwise agreed in writing, payment shall be made within 14 days of the date of invoice. If bank and trade references have not been satisfactorily furnished to the Company, or the Purchaser is a new customer, the Company reserves the right to require payment in full and prior to dispatching the Goods.

4.7 If the Purchaser’s Order is to be dispatched in instalments, payment for each bottle or case of wine will be invoiced separately at the point that that bottle or case of wine is dispatched.

4.8 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

4.9 Time for payment shall be of the essence.

4.10 No payment shall be deemed to have been received until the Company has received cleared funds.

4.11 The Purchaser shall make all payments due under this Order without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Purchaser.

 

1. CANCELLATIONS
   5.1 The Purchaser may cancel the Order, for any reason whatsoever, at any time up to 24 hours from the time the Order was placed in accordance with either clauses 3.1 or 3.2, as long as this is prior to dispatching the Goods for delivery.

5.2 In order to cancel an Order, the Purchaser must contact the Company in writing or by telephone.

5.3 Once the Company has been notified by the Purchaser of a cancellation, the Company will reimburse the price of the Goods, if payment has been already made in accordance with clause 4.6.

5.4 If the Purchaser wishes to cancel an Order after the dispatch of the Goods for delivery, as outlined in clause 5.1, the Purchaser may still cancel the Order up to 14 working days after the day following the delivery of the Goods, by notifying the company in writing. In the event that an Order has already been dispatched in whole, or in part, at the date on which the cancellation notice is received, the Purchaser must return the Goods to the Company in the same condition that it was received in, and the Company will then reimburse any payment already received, less any expenses for shipping costs already incurred. This does not affect the Purchaser’s statutory rights.

5.5 If the Purchaser does not return the Goods to the Company within 21 days of the date of the cancellation notice, the Company reserves the right to charge the Purchaser a reasonable amount in respect of the costs the Company incurs in recovering the Goods from the Purchaser. If the Purchaser fails to return the Goods to the Company, or fails to make the Goods available for collection by the Company within 30 days of the date of the cancellation notice, the Purchaser will be deemed to have accepted the Goods, at which point a new purchase order will be raised by the Company and the Purchaser will be charged for the Order at the price set out by the Company at that time.

5.6 As stated on the Company’s booking pages for their tours and experiences, the Purchaser may reschedule their experience providing they give the Company at least 48 hours notice before the booking date. Any bookings made within 48 hours of a date are final and under normal circumstances cannot be refunded or exchanged. Inside the 48 hour notice period, the Purchaser can cancel their booking, but they will not be refunded unless the experience that they booked is confirmed as cancelled by the Company.

1. 7 As stated on the Company’s booking pages for their dining events, all bookings are final and under normal circumstances cannot be refunded or exchanged. There is no obligation on the Company to find a replacement booking.

5.8 For private hire, group bookings and bespoke events, the Purchaser may cancel the booking by giving the Company notice in writing. In such circumstances, the Purchaser shall compensate the Company for any loss suffered by it as a result of the cancellation. In the event of a cancellation, the Purchaser will forfeit their deposit in all circumstances. There is no obligation on the Company to find a replacement booking.

5.8.1The Company will retain or charge the Purchaser the following amounts in the event of cancellation by the Purchaser:

Between 14-7 days (inclusive) prior to the commencement of the Period of Hire 50% of the total Hire/Event charge plus any additional costs incurred by the Company.

Less than 7 days prior to the commencement of the Period of Hire 100% of the total Hire charge plus any additional costs incurred by the Company.

Any cancellation charges detailed above will be invoiced to the Purchaser and must be paid within 7 calendar days. The Purchaser is advised to seek cancellation insurance from a third party.

5.8.2 The Purchaser may postpone the Event with over 30 days written notice to the Company before the event without penalty and the deposit payment will be duly transferred if the Purchaser reschedules the event for a future date no more than 90 days from the date of the original commencement of the period of hire/event. Any date beyond this will be considered a cancellation and charges as set out in 5.8.1 will apply in full as applicable. Any further postponement of any rescheduled event will result in full cancellation charges.

5.8.3 Deposit is 20% of the event/hire fee unless otherwise specified and signed by the Director of the Company. The remaining balance is payable in full 2 weeks prior to the event.

5.8.4 In the event of national or local Coronavirus rules meaning the event cannot go ahead as planned, such as a lockdown, the Purchaser is eligible to reschedule the Event to a new date whereby restrictions will allow it to take place. The Purchaser may be offered an alternative form of event, such as a virtual private event, in which case this will be agreed between the Purchaser and the Company,

5.9 In respect of clauses 5.6, 5.7 and 5.8, the Purchaser will not be entitled to a refund for any reasons, including but not limited to, the following: The fear of attending an event due to any perceived fear of contracting a virus; Self-isolation which has not been ordered by a government department or a health service provider (for which proof would be required); The Purchaser’s lack of care, diligence or prudent behaviour; The Purchaser’s failing to observe and comply with the requirements of any law, ordinance, court or regulatory body of whatever jurisdiction; Inability to gain or maintain a Visa in the country the event is scheduled to take place, howsoever caused; Any fraud, misrepresentation or concealment by the Purchaser; Any financial failure of or financial default by anyone; Non-appearance of any participant; Failure of the Purchaser in the event of bodily injury or sickness to consult a duly qualified medical practitioner and comply with the medical advice given thus causing a loss in whole or part under this policy.

 

1. DELIVERY
   6.1 The price of delivery of goods, where applicable, shall be quoted on the quotation, except where the Purchaser is placing an Order at the Company’s premises and has agreed to take the Goods away at that time; or it shall be quoted on the Company’s website, where the Purchaser will select an applicable delivery method and price.

 

6.2 The Company will deliver the Goods to anywhere in the United Kingdom (excluding Northern Ireland, the Highlands, Scottish islands, the Isle of Man and the Scilly Isles.). Delivery will be made to the address specified by the Purchaser at the time of placing the Order. The Company reserves the right to make delivery in instalments. If the Company elects to do this, there will only be a single delivery charge. It may be possible for the Company to arrange delivery to places outside of the regions listed above, in which case this will be confirmed in written communication, and a quotation for postage costs arranged.

 

6.3 Delivery will normally take place within 3 working days of the date of the Acknowledgement of Order. The Company will make every reasonable effort to deliver the Goods within 3 working days, and unless it is otherwise agreed in writing, the Purchaser shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Purchaser be entitled to claim damages or compensation. In the event that the Company is unable to make delivery within 3 working days, the Company will contact the Purchaser and keep the Purchaser updated accordingly.

6.4 All Goods must be signed for on delivery by an adult aged 18 years or over (please see clause 10 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 and will telephone to rearrange or will return later that day. In these circumstances, if the Company has to re- deliver the goods, a further delivery charge may become due and payable by the Purchaser.

6.5 The Company reserves the right to use any method of transport for delivery, and the Goods shall be at the risk of the Company during transit. 

1. GUARANTEE AND RETURNS
   7.1 If some, or all, of the Goods are broken. defective or damaged when they are delivered the Purchaser must notify the Company within 3 working days of the delivery date. The Purchaser may choose either to return the whole case or just the affected bottles for a refund or a replacement.

7.2 Any Goods collected by the Company’s delivery agents must be in their original box to avoid further breakages, where possible.

7.3 The Purchaser should have the Goods with them at the time of notifying the Company, as the Company will require specific information from the Goods to be provided to it so that it can match it with its records. Without the bottle information the Company will be unable to refund or replace the Goods.

  

1. WARRANTIES
   The Company warrants that the Goods will be of satisfactory quality and fit for their general purpose when dispatched for delivery to the Purchaser.

 

1. LIMITATION OF LIABILITY
   9.1 Any of the Goods which the Purchaser claims (in writing to the Company and in accordance with clause 7), to be defective, will be replaced or (at the Company’s option) the price of the defective Goods will be credited to the Purchaser and the Company will pay the expenses of such return.

9.2 The Company shall not be liable for a breach of the warranty in clause 9.1 if: 9.2.1 the Purchaser makes any further use of such Goods after giving such notice; or 9.2 2 the defect arises because the Purchaser failed to follow the Company's written instructions as to the storage, installation or use of the Goods; or 9.2.3 the Purchaser causes loss or damage during the handling of the Goods.

9.3 All other warranties, conditions and other terms implied by Statute or Common Law are, to the fullest extent permissible by law, excluded from this Order.

9.4 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.

9.5 Subject to clauses 9.1 to 9.3 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Order shall be limited to the total Order price.

9.6 Notwithstanding anything contained in this Order, the Company shall not be liable for any indirect, special or consequential loss or damage suffered or incurred by the Purchaser arising out of this Order. For the avoidance of doubt, indirect, special or consequential loss shall include, but not be limited to, loss or damage, loss of profits, interest, business, goodwill, revenues or anticipated savings and the incurring of liability for loss or damage suffered by third parties (including in each case incidental and/or punitive damages).

9.7 Third Party Liability – Any Goods sold or consumed on site, which are not produced by the Company, are the responsibility of those Third Party agents (producers and/or chefs) who produced or served those Goods. In the event of any problems arising from these Goods, the Company assumes no liability for deficiencies or problems resulting from these Goods. The Purchaser would be required to correspond directly with the Third Party agents in question.

 

1. AGE RESTRICTIONS
   10.1 It is illegal to sell wine to anyone who is under 18 years old. For this reason the Company reserves the right to refuse to accept an Order. Furthermore, the Company will not permit any Order to be transferred from the original customer to another person in order to avoid the age restrictions that it must comply with. By placing an Order the Purchaser is confirming they are at least 18 years old.

10.2 If the Company’s 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 Goods is unable to produce appropriate ID, unfortunately our delivery agents will be unable to leave the Goods. Please also see clause 6.4.

 

1. FORCE MAJEURE
   11.1 The Company reserves the right to defer the date of delivery or to cancel the Order or reduce the volume of the Goods ordered if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce).

11.2 If by any such circumstances set out in clause 11.1 or otherwise, the Company is delayed, hindered or prevented from delivering all or part of the Goods, the Company will fairly apportion amongst all of its present contracted customers such of the Goods then available to the Company. Where the Company’s obligations to supply have been suspended, normal supply shall resume as soon as is reasonably possible after the removal of the cause. In the event that the cause continues for more than 2 month(s) either party may terminate this Order on 5 working days notice.

 

1. NOTICES
   12.1 All notices to be served on the Purchaser shall be deemed to be properly served if sent by first class post (or if posted outside the United Kingdom by the local nearest equivalent to first class post) to the address given in the last written communication received from the Purchaser, or by email.

12.2 A notice or demand served by first class post or the local equivalent shall be deemed duly served two working days after posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked first class or the local equivalent, addressed and placed in the post to the addressee at the address referred to above.

 

1. WAIVER
   Waiver by the Company of a right or default under these Terms and Conditions shall not be deemed a waiver of any subsequent right or default whether of a similar nature or otherwise.

 

1. AMENDMENTS
   No amendment or variation of these Terms and Conditions shall be effective unless in writing and signed by a duly authorised representative of all of the parties.

 

1. SEVERABILITY
   If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this Order and the remainder of the provision shall continue in full force and effect.

 

1. THIRD PARTY RIGHTS
   Nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term or condition.

 

1. ENTIRE AGREEMENT
   These Terms and Conditions constitutes the entire understanding between the parties in respect of the subject matter and supersedes all prior representations, writings, negotiations or understandings and discussions between the parties relating to it.

 

1. LAW AND JURISDICTION
   These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.