Terms and Conditions Policy | Lympstone Manor Estate Vineyard

LYMPSTONE MANOR TERMS AND CONDITIONS OF SUPPLY ONLINE

These are the terms and conditions on which we supply our products and services to you. Please read these terms carefully before you place an order with us. Your use of our website is governed by our Terms of Website Use. Please take time to read these, as they include important terms which apply to you.
You must be aged 18 years or older to use our website and order products. You must not use our website if you are under the age of 18.
In some areas you will have different rights under these terms depending on whether you are a business or consumer, you are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not in connection with your trade, business, craft or profession).

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You have acknowledged that you have not relied on any statement, promise, representation assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Be aware of the following risks, warnings and recommendations with regard to products ordered via our website.
Please follow all storage, “best before” dates, “use by” dates and or other usage guidelines supplied on, or otherwise in connection with the goods.
Alcohol should be consumed lawfully, responsibly and in moderation.
Where the goods include sparkling wines, they may be volatile due to the build-up of gasses and care be taken when opening and transporting such goods and extra care should be taken when transporting and handling glass goods.
Goods on our website are not to be resold.

ORDERING

Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. We are committed to upholding both our legal and social obligations as a retailer of intoxicating liquor.
Alcohol can only be ordered for delivery to a residential or business address and not to a public place.
Full address details, including postcode, must be given when placing an online order for products from our website.
When accessing the website to place an order a declaration will be required from the person placing the order that the person is over 18 years of age.
If we have to contact you regarding an order we will do by telephone or by writing to you at the email address you have provided to us in your order.
If we are unable to accept your order, we will inform you of this and you will not be charged for the product. This may be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we identified an error in the price or description of the product.
We are not able to deliver to addresses outside the UK mainland for products ordered via our website.
If you wish to make a change to the product that you have ordered then please contact us and we will let you know if the change is possible. If it is possible we will let you know about any price change should there be any, the timing of supply or anything else which would be necessary as a result of your requested change and ask whether you wish to proceed.
It may be necessary that we make changes to the product because:
Of changes to reflect regulatory requirements and relevant laws.
To change the vintage.
No cash sales for products (including alcohol) purchased by an online method will be made.

DELIVERY

The costs of delivery (if any) will be displayed on our website. We currently use the Royal mail for our online deliveries.
Royal Mail will not deliver age restricted items to a locker or a nominated safe place. However they can deliver such items to a Royal Mail Collect Post Office , enquiry office or delivery office, for age verification at the point of collection.
Royal Mail will ask to see a valid ID if the recipient looks under 25 years old. This is in line with the UK “Challenge 25” policy. They will ask the recipient to sign for the parcel.
If Royal Mail cannot deliver your parcel, they will leave a “something for you” card and deliver the parcel to the nearest Post Office. To collect the parcel , you will need to verify your age. Alternatively you can use the information on the card to contact the Royal Mail and arrange redelivery.
We will not be responsible or liable to you for a failure to deliver if you fail to meet the above “Challenge 25” requirements.
If the products are goods (e.g a bottle of wine) we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
If after a failed delivery to you, you do not re-arrange delivery or collect the parcel from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
Please note that we use a third party courier and their delivery terms and conditions will apply. Please use the following link to view the Royal Mail terms and conditions:

https://www.royalmail.com/terms-and-conditions

If the products are services (e.g a vineyard tour or wine tasting session) then we will begin the services on the date set out in the order.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

RIGHTS OF SUPPLY

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, when you decide to end the contract and whether you are a consumer or business customer.
If you are a consumer then 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.
Your right as a consumer to change your mind does not apply in respect of:
wine where bottles (or other containers) have been unsealed, opened, broken or are otherwise not intact; or
services (e.g. a wine tasting session or vine yard tour), once these have been completed, even if the cancellation period is still running.

If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
Have you bought goods (for example, a bottle of wine)?, 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.

Have you bought services (for example, a vine yard tour or wine tasting session)? 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.

Even if we are not at fault and you are not a consumer who has a right to change their mind, 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.

If you have booked a tour and/or or wine tasting event and you wish to cancel or re-arrange your session then please contact us. If you notify us more than two (2) days prior to your event date then we will offer to re-arrange your session or offer a refund for the ticket price. If you notify us within two (2) days prior to your event date then we will try to accommodate your request. However, this will be subject to the availability of alternative dates and we may deduct from your refund. If you have booked a ticket for a tour or wine tasting event and you do not arrive for your scheduled booking, then the tickets cannot be exchanged or refunded, unless at our discretion. Any request for a refund or transfer must be made in writing, directed to info@lympstonemanor.co.uk If we cancel your booking in its entirety, you will be entitled to a full refund for the purchase price. Tickets will be exchanged or refunded at the price paid for them, but no further compensation will be paid.

To end the contract with us, please let us know by email or online. Please contact us via the contact details provided on our Contact Us page.

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. You must post them back to us at Lympstone Manor Hotel, Courtlands Lane, Exmouth, Devon, EX83NZ. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

We will pay the costs of return:
if the products are faulty or mis described; 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.

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.

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 them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The refund for delivery costs will be the price you paid for delivery.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
In all other cases, your refund will be made within 30 days of your telling us you have changed your mind
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, for example, correct delivery address; or
you do not, within a reasonable time, allow us to deliver the products to you.
If we end the contract in the situations set out previously 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.

If you have any questions or complaints about the product, please Contact us.

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.

If you wish to exercise your legal rights to reject products then you must post them back to us. We will pay the costs of postage. Please Contact Us to arrange a return label.

If you are a business customer we warrant that on delivery, any products which are goods shall:
be of satisfactory quality; and
be fit for any purpose held out by us.
We shall, at our option, repair or replace the defective product, or refund the price of the defective product in full if:
you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost
We will not be liable for a product’s failure to comply with the warranty if:
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; or
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
These terms shall also apply to any repaired or replacement products supplied by us
The price of the product (which includes VAT) 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.

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.

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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

We accept payment with the debit and credit cards listed on our website. You must pay for the products before we dispatch them and you must pay for services before we provide them. We will not charge your credit or debit card until we dispatch the products to you.

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

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 Natwest Bank 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.

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, but we are not responsible for any loss or damage that is not foreseeable. 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.

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; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products

We are not liable for business losses, If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as follows in clause 30.

Our responsibility for loss or damage suffered by you if you are a business:

30.1 Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Subject to clause 30.1:
we will not be liable for loss or damage caused by your handling of our products. In particular we will not be liable for spillages or breakages;
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £5,000.
We will only use your personal information as set out in our Privacy Policy.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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.

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.

These terms are governed by English law and as a consumer you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

If you are a business, 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.

CANCELLATION FORM

(complete and return this form only if you wish to withdraw from the contract)

To: Lympstone Manor Hotel, Courtlands Lane, Exmouth, Devon, EX8 3NZ. Telephone 01395202040. Email address: info@lympstonemanor.co.uk

I/We (…………..) hereby give notice that I/We (………….) cancel my/our contract of sale of the following goods(………….) for the supply of the following service (…………)

Ordered on (…………) and received on (………….)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date:

A passion for wine