Cornish Wine Co Price List 2021-9 - Flipbook - Page 103
TERMS AND CONDITIONS OF SALE
IMPORTANT: These Terms of Sale are considered by us to set out the whole agreement between you and us for the sale of the wine and other alcoholic beverages. Please ensure that you read and understand these Terms of Sale before
you submit an order, because you will be bound by these Terms of Sale once a contract comes into existence between you and us (no previous written or oral agreements will apply to that contract).
1. PLACING YOUR ORDER
1.1 Making & accepting orders: You can place orders for wine by telephone, email or directly with our sales representatives. Your order is deemed to be an offer by you to enter into a legally binding contract with us. We are free to accept
or decline your offer at our absolute discretion. These Terms of Sale shall form a binding contract between you and us only when we either issue you with express written or verbal acceptance of your order or we deliver the wine (or make
the wine available for collection, where applicable), whichever is the earlier, at which point a contract shall come into existence between you and us (our receipt of payment does not constitute our acceptance).
1.2 Availability of products: All of the products we offer are subject to availability from our suppliers. We will try to contact you promptly if we are unable to supply the wine that you have ordered and we will give you the option of either
varying or cancelling your order.
1.3 Age restriction: It is illegal for us to sell alcohol to anyone who is, or appears to be under the age of 18 years. By placing an order, you confirm that you are at least 18 years of age: we reserve the right to cancel the contract between
you and us if we or our couriers are unsure of whether you are at least 18 years old.
1.4 Cancellation: You can cancel your order for any reason up to 7 working days from the date of delivery of the wine, provided that all of the bottles are unopened, intact and in resalable condition. We will refund the full price you have
paid to us for that order within 30 days from the date of cancellation. Any wine delivered must be made available for our collection and we reserve the right to charge the cost to us of recovering the wine. Please contact us promptly if you
wish to cancel.
2. PRICES AND PAYMENT
2.1 Our prices: The price payable by you for our products will be, unless otherwise agreed in writing, the price set out in our price list published at the time the product is ordered. We may alter our prices at any time prior to delivery to
account for factors such as VAT, excise duty, market and currency fluctuations and in such cases we shall endeavour to contact you promptly and give you the option of either paying the revised price or cancelling your order. Our prices are
quoted exclusive of Value Added Tax and VAT will be charged where applicable at the prevailing rate.
2.2 Making payment: Unless otherwise agreed by us in writing, payment for all products must be made in advance or on delivery.
We accept payment by all major credit cards, Bank Transfer and Direct Debit. Our bank details are shown on invoices, and card payments can be made by using the link in the emailed copy of your invoice.
2.3 Late payment: Where we agree that payment may be made in arrears, but you fail to make the payment due to us in full by the due date for payment, we reserve the right to charge interest to you on the overdue amount at the rate of
4% per year above the base lending rate of the Bank of England 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 the overdue amount. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any outstanding order until you have paid all outstanding amounts.
2.4 Transfer of ownership: Ownership of our products will only pass to you when we receive payment in full of all sums due for the wine, including delivery charges, where applicable. You may however resell the wine in the ordinary course
of your business after we have delivered it to you (but you must not deal with the wine in any other way, nor may you permit any lien, charge or encumbrance to be created over the wine, until, in any such case, payment has been made to
us in full). If you fail to make payment to us in full within 30 days of the due date for payment, or if the contract between you and us is cancelled or otherwise terminated for any reason prior to payment being made to us, you agree that,
without limiting any other remedies or rights that we may have, we (and our agents) shall be entitled to enter any premises where you store our products to ascertain whether any of the products we own are stored there and to inspect, count
and recover that wine.
3. DELIVERY
3.1 Date for delivery: We will try to deliver your order promptly (or otherwise as agreed by our customer service department at the time you place your order): however, any delivery dates we provide are estimates only. If we cannot supply
the wine you have ordered (where applicable) within 30 days of receiving your order (or by any alternative date we have agreed with you), we will contact you as soon as possible to give you the option of either accepting a later delivery date
or cancelling your order. If we are not reasonably able to ascertain your preference, your order will be treated as cancelled.
3.2 Delivery location & risk: Unless otherwise stated by us, deliveries will only be made to addresses in mainland Great Britain and all risks to the wine will be your responsibility from the time of delivery.
3.3 Failure to accept delivery: We may use an independent courier of our choice. If you fail to accept delivery of the wine you have ordered within 3 days of our first attempt to deliver the wine to the specified address, we may charge you
for any consequential storage costs reasonably in-curred by us (unless your failure is caused by events beyond your reasonable control) and we shall not be liable for late delivery.
4. OUR QUALITY GUARANTEE
4.1 Customer service: We work hard to ensure that our customers are satisfied with our service and products. If you have any questions or problems, please contact us at: GHP Hospitality Limited, The Courtyard, Fore Street, Looe, PL13
1AE / Tel: 0745 666 4464 / E-mail: josh@cornishwinecompany.co.uk.
4.2 Quality guarantee: The following warranty is in addition to the legal rights granted to consumers by law. Advice about the legal rights of consumers is available from your local Citizens' Advice Bureau or trading standards office. All other
warranties are excluded to the fullest extent permitted by law.
We warrant that, on delivery, the wine we supply will:
• be of satisfactory and saleable quality;
• comply with all applicable UK laws and regulations; and
• conform in all material respects with the description of that wine contained in our written quote and the sample of that wine supplied to you, each as applicable (our suppliers may however change the style of labels and packaging at any
time so we cannot guarantee that bottles, labelling or packaging supplied to you will match the descriptions or images contained in our promotional or other material).
4.3 Returning defective products: In the unlikely event that our products do not conform to the quality standards above, is otherwise defective or is not what you ordered, please let us know promptly after delivery. If you notice a mistake
made by us after you have received the order, we would appreciate it if you would please notify us within 48 hours. You must make any rejected wine available for collection by our courier if we request, and take reasonable care of it
pending collection. We will promptly refund any payment made by you for defective or incorrect products that we have supplied. If, however, you reject wine which is not defective or incorrect (and you are not otherwise entitled to cancel your
order), we reserve the right to charge you the direct cost to us of collecting, testing, storing and redelivering the rejected wine.
4.4 Errors made by us: We try to ensure that our descriptions and prices are accurate. If, prior to delivery to you, we discover an error in relation to the wine you have ordered, we will contact you as soon as possible to give you the option
of either confirming your order subject to correction of the error or cancelling your order (and receiving a full refund of any prepayments you have made). If we are not reasonably able to ascertain your preference, your order will be treated
as cancelled.
4.5 Correcting your mistakes: If you want to correct any mistakes you made in your order, you must inform us by telephone or by email prior to both your order being accepted and the wine being delivered. If you inform us of your mistake
after your order is accepted or after the wine is delivered, we may, at our sole discretion, agree to amend your order (but we reserve the right to charge you for recovering the wine from you and for delivery of its replacement to you, where
applicable).
5. LIABILITY DISCLAIMER
5.1 Liability restriction: If you or we do not comply with these Terms of Sale, neither you nor we shall be responsible for any loss of income or revenue, loss of business, loss of anticipated savings, any waste of time nor other losses that
the other suffers as a result which are not a foreseeable consequence of the failure to comply with these Terms of Sale.
5.2 Liability to customers: Our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) wine shall be limited to the sum paid by you to us for the wine which is the
subject of the claim. All orders must be examined by you upon receipt and we shall not be liable for any shortages or breakages which are not reported to us within 24 hours of us delivering the order (or making the order available for
collection, where applicable).
5.3 Events out with our control: We shall not be liable for any delay or failure to supply orders which are wholly or partly caused directly or indirectly by any circumstances beyond our reasonable control, including, without limitation:
adverse weather or natural disaster; terrorism, war or civil commotion; any labour dispute; compliance with any law or governmental order, rule, regulation or direction; or non-performance by any of our suppliers.
6. GENERAL LEGAL MATTERS
6.1 What we mean: In these Terms of Sale:
i) references to
