Terms and Conditions
These terms and conditions (Terms) set out how we sell any of the products (Products) listed on our website (Site) to you and will apply to any contract between us for the sale of those Products to you (Contract). If you refuse to accept these Terms, you will not be able to order any Products from our site.
Any person purchasing or attempting to purchase liquor must be over the age of 18, it is against the law for them to buy or attempt to buy intoxicating liquor for any person under the age of 18. By placing an order you confirm that both you and the recipient of the wine are at least 18 years old.
1. About us
Fairmile Vineyard operates the website www.fairmilevineyard.co.uk We can be contacted either by e-mail at [email protected] or by post to Fairmile Vineyard, Fairmile, Henley on Thames. RG9 2LA or telephone on +44 1491 598588.
2. Products
The images of the Products on our site are for illustrative purposes only. We have made every effort to display the colours accurately, but we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images.
3. How the Contract is formed between you and us
3.1 Once you have selected your purchases you will need to place the order, as instructed by the Site.
3.2 After placing the order, you will receive an e-mail acknowledging that we have received your order and payment will be taken. However, this does not mean that your order has been accepted.
3.3 We will send a second email confirming our acceptance to you (Sales Invoice). The Contract between us will only be formed when we send you the Sales Invoice.
3.4 If we are unable to accept your order, for whatever reason, we will inform you of this by e-mail and your order will be not be processed.. If payment has already been taken, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Delivery
We deliver throughout the UK except for the Channel Islands and BFPO addresses.
4.1 Our deliveries are made by third party carriers and should reach you within 3 – 5 working days.
4.2 Delivery of an Order shall be completed when the Products are delivered to the address given and the Products will be your responsibility from that time.
5. Your right of return and refund
5.1 If you buy any of our wines and it is faulty please see our policy at clause 6 below.
5.2 You have a legal right to cancel a Contract during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract.
5.3 Your legal right to cancel a Contract starts from the date of the Sales Invoice (the date on which we e-mail you to confirm our acceptance of your order.) The end date of the cancellation period is 14 days from the day that the product is received.
To cancel a Contract, you need to either e-mail us at [email protected] or write to us at Fairmile Vineyard, Fairmile, Henley on Thames RG9 2LA giving us details of the order which you wish to cancel.
5.4 If you cancel your Contract:
a) You need to return back to us any products sent to you unopened without delay and in any event no later than 14 days from the cancellation date.
b) On receipt of the product we will refund you the price you paid for the Products.
c) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
5.5 We will refund you on the credit card or debit card used by you to pay.
6. Faulty, Unsatisfactory or Misdescribed Products
We will replace/ refund any product which are faulty, unsatisfactory or have been mis-described subject to the following conditions:
a) provided the wine has been stored in suitable conditions. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
b) You have legal rights in respect of any of our Products which are faulty or not of satisfactory quality or misdescribed. You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
7. Our liability if you are a consumer
7.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
7.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid.
9. Fraud and Crime Prevention
4.1 For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
10. Varying these Terms
10.1 These Terms will be amended from time to time.
10.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
10.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
11. Other important terms
11.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
Website Terms of Use
To comply with licensing and other legislation, our website, is only available to those aged 18 years and over. By using the Site you agree that you are aged 18 or over. If you are not, you must not use the Site.
You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Site.
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.
Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Fairmile Vineyard) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, crawling, framing reproduction, recording, duplication, transmission re-posting, posting , distribute, broadcasting or displaying of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited. You may not use the content of the Sites for any commercial purposes whatsoever.
Permission is granted to electronically copy, and to print in hard copy, portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource.
