TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us by phone at 01962 217760 or by email at info@chalkdowncider.com
1. Introduction
a. These Terms and Conditions will apply to the purchase of the Goods or Services by you (the Customer) from us (the Supplier). We are Chalkdown Wine Limited (trading also as Chalkdown Cider) a company registered in England and Wales under number 8577353 whose registered office is at 9 Christchurch Road, Winchester, SO23 9SR.
b. These are the terms on which we sell all goods and services (Goods) to you. By ordering any of the goods or services from us, you agree to be bound by these Terms and Conditions.
c. You can only purchase the goods or services from our website if you are eligible to enter into a contract and are at least 18 years old. By placing an order with us you confirm that you are at least 18 years old.
2. Basis of Sale
a. The order process is set out on our website. It is your responsibility to check that you have used the ordering process correctly. Each step allows you to check and amend any errors before submitting the order.
b. The description of the goods or services in our website does not constitute a contractual offer to sell the goods or services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
c. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.
d. All Goods which appear on our website are subject to availability.
e. No variation of the contract, whether about description of the Goods or Services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
3. Price and Payment
a. Prices and charges include VAT at the rate applicable at the time of the Order.
b. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
4. Delivery
a. We will aim to deliver the Goods, to the delivery location specified by you without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can treat the Contract at an end.
b. If you treat the Contract at an end, you must inform us of this promptly and we will promptly return all payments made under the Contract.
c. We do not generally deliver to addresses outside mainland UK. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. If there are additional shipping costs compared to delivery to mainland UK you will need to pay these also. We will advise you of these costs before we ship your order.
d. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
e. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
5. Risk and Title
a. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods as soon as possible after receiving them.
b. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
c. You do not own the Goods until we have received payment in full.
6. Withdrawal and cancellation
a. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
b. In a contract for the supply of goods over time (e.g. subscriptions), the right to cancel will expire after the first delivery of goods or services.
c. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 9 Christchurch Road, Winchester, SO23 9SR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. You agree that you will have to bear the cost of returning the Goods.
7. Faulty Goods
a. If you believe that any of the Goods supplied by us are faulty, please contact us as soon as possible after discovering the suspected fault and in any case within 7 days of discovering the fault.
b. Please provide any evidence to support your claim of a fault, including, if appropriate, photographic evidence.
c. We will consider your claim and, if we consider it reasonable, we will reimburse your purchase.
d. We may ask you to return the faulty Goods to us as a condition of reimbursement.
8. Reimbursement
a. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9. Successors and our sub-contractors
a. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
10. Circumstances beyond the control of either party
a. In the event of any failure by a party because of something beyond its reasonable control:
i. the party will advise the other party as soon as reasonably practicable; and
ii. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.
11. Excluding liability
a. The Supplier does not exclude liability for:
i. any fraudulent act or omission; or
ii. for death or personal injury caused by negligence or breach of the Supplier's other legal obligations.
b. Subject to this, the Supplier is not liable for
i. loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
ii. loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
12. Information and Privacy
a. We retain and use all information that we receive from you in line with our Privacy Policy which is available to view on our website.
13. Governing law, jurisdiction and complaints
a. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
b. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If any dispute arises in relation to Goods supplied by the Company, customers should contact us directly. We will aim to respond within 5 days and agree to negotiate in good faith to resolve such dispute before recourse to litigation.