TERMS AND CONDITIONS OF SUPPLY

1.1 What these Terms and Conditions are used for

Please read these Terms & Conditions and the terms and conditions contained in our website under “Delivery” and “Terms of Website Use” (collectively “Ts & Cs”) carefully before you place an order or engage in any transaction with us as they set out the basis on which we will supply goods and services to you in the United Kingdom. By placing an order or engaging in a transaction with us you agree that these Ts & Cs will apply to that order or transaction.

1.2 Questions about these Ts & Cs

If you have any questions or think there is a mistake in the Ts & Cs please contact us on info@allangels.com.

1.3 Change to these Ts & Cs

We may change the Ts & Cs at any time without notice and those changes will take effect as soon as they are included on our website and will then apply to any order placed or transaction entered into with us subsequently.

1.4 Delivery outside the United Kingdom

If you wish to place an order for delivery outside the United Kingdom, please contact us on info@allangels.com to ensure that we can fulfil your order and to discuss any variations to the Ts & Cs that may be necessary.

 

2.1 Who we are

We are Enborne Vineyards Limited, a company registered in England and Wales with company number 07857080, VAT Registered Number 228 2586 92, AWRS number XXAW00000100614 and registered office address at Church Farm, Enborne, West Berkshire RG20 0HD.

In the Ts & Cs references to “we”, “us”, the “Company”, “EVL” and “All Angels” are to references to Enborne Vineyards Limited.

All Angels is a registered trademark of EVL.

2.2 How to contact us

If you wish to contact us, please see the Contact link on our website.

2.3 Contacting you

We may contact you by telephone or in writing using the email address, postal address or telephone number provided by you. In these terms “writing” and “written” includes communication by email or text message.

 

3. Age restriction

We may only sell alcohol to persons of legal age to purchase alcohol in their country of residence: in the United Kingdom that age is 18 and over. Access to our website is restricted to persons aged 18 and over.

In placing an order, including for a tour & tasting, you warrant that you are of legal age to purchase alcohol in your country of residence and that you are not buying alcohol or a tour & tasting for someone who is not of legal age to purchase alcohol in their country of residence. We reserve the right to refuse to accept an order in our sole discretion if we have reason to believe that this condition is not satisfied. We also reserve the right to introduce control checks throughout the order and delivery process.

We will not serve alcohol to any person on a tour & tasting who appears to be under the age of 25 unless they can verify that they are 18 or over.

The companies we use to deliver our products may impose their own control checks and we shall not be liable for their failure to deliver if you cannot meet their requirements at the time of attempted delivery.

 

4. Business Customers

If you are a business customer, you agree that the Ts & Cs constitute the entire agreement between us in relation to your purchase. You acknowledge 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 the Ts & Cs and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

5. Use of online store

5.1 It is your responsibility to maintain the confidentiality of your login and password details and we will not be responsible for unauthorized use of those details: you will be responsible for payment for all orders placed using your login and password and for the alteration of any details (including delivery address) on your online account.

5.2 It is also your responsibility to ensure that all information on your online account is accurate and complete for the purposes of placing and delivery of an order. If you make any input errors during the placing of your order you will be given the opportunity to check that your details are accurate before you submit your order.

 

6. Acceptance of your order

6.1 We will accept your order when we send you an email order confirmation using the email address you provide in your online account. We may at any point refuse to accept an order for any reason and without giving any reason. Please note that an on-screen acknowledgement of an order does not constitute acceptance of that order.

 6.2 We must receive payment of the whole of the price for the products or services that you order and for delivery before your order can be accepted. At no time do our employees or any person within our company see any details of your credit card used for an online payment. If your payment is reversed, we may cancel your order and repossess any products we have shipped or delivered.

6.3 We reserve the right to charge interest at the rate of 4% above Lloyds Bank base lending rate from time to time on any payment not made on its due date. Interest will accrue daily from the due date until the date of actual payment, as well after as before any judgment, will compound monthly and will be payable on demand.

6.4 If we are unable to accept or fulfil an order or if we cancel an order for any reason, we will promptly notify you and offer you a refund or, at our discretion, a replacement or alternative product which you will be free to accept or reject at your discretion. We will not be obliged to offer any additional compensation for disappointment suffered.

 

7. Ownership of products and responsibility for products

7.1 You own the products ordered once payment has been made and the order accepted.

7.2 In respect of all orders dispatched, the risk in the products shall pass to you immediately on delivery. We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It shall be your responsibility to ensure that someone is available to take delivery or that a secure location is specified in the delivery details at which the products may be left. We will not be liable for any loss or damage suffered as a result of the carrying out delivery instructions given by you and the products being subsequently lost or stolen.

 

8. Product description and pricing

8.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

8.2 The packaging of the product may vary from that shown in images on our website.

8.3 The prices for our products are as set out on our website and may change. While every effort is made to ensure the published price of the products is accurate, we cannot guarantee pricing will be correct in all circumstances or that all products will be available at all times. In the event of a pricing error, we will offer you the option of a completion of the order at the correct price, a replacement or a refund, at your discretion. In the event of a product not being available, we may offer you the option of an alternative product at the published price for that alternative product or a refund, at your discretion.

8.4 From time to time we may offer discounts on products through the use of discount codes. Only one discount code may be applied to your order at any time and will remove any other regular or permanent offers applied through our Shop, other than any offer for free UK mainland delivery on orders of a certain value.  For the avoidance of doubt, applying a discount code will negate the offer of 5% discount on orders of six bottles of wine or more should such an offer be in effect at that time.

8.5 We reserve the right to withdraw any promotional offers at any time.

8.6 All prices are in British pounds and are inclusive of VAT unless otherwise stated. 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.

8.7 The cost of delivery will be as stated on our online store.  Please note that any offer of free delivery will apply only to orders of wine of the value specified in that offer and the value of accessories will not count towards the value specified in the offer.

 

9. Changes and Exchanges

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

10. Cancellation

10.1 For the purposes of the Ts & Cs you are a consumer if you are an individual, buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

10.2 If you are a consumer then you have a legal right to receive a refund if you notify us of your wish to cancel within 14 days of (a) if you ordered goods, the day you (or the person to whom they were sent under your order) received the goods (or if the order is delivered in more than one delivery, the last of the deliveries), or (b) if you have ordered a tour and tasting or other services, 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.

10.3 You cannot cancel your order, however, if: (a) the goods you have ordered have been made specifically to your order from their generic form, (b) the goods have been opened by you or any seals broken; or (c) the goods have been altered or damaged by you in any way.

10.4 If you are not a consumer, you may cancel your order before the goods have been delivered or the services provided but we shall be entitled to deduct from any refund reasonable costs we incur as a result of your cancellation.

10.5 If you have booked a tour and tasting or other All Angels event and you wish to cancel or re-arrange your session then please contact us. If you notify us more than twenty-eight (28) 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 twenty-eight (28) 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. If you have booked a ticket for a tour and tasting or other All Angels 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@allangels.com.

10.6 In exceptional circumstances it may be necessary for us to cancel a tour and tasting or other All Angels Event and if we do so, we will let you know as soon as possible and 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.

10.7 If you cancel the contract for any reason after products have been dispatched to you, unless under Clause 10.3 you do not have a right to cancel the contract, you must return them to us. If you cancel your contract before delivery of the goods, you must not unpack them when they are delivered. You must post the cancelled products back to us at Church Farm, Enborne, West Berkshire RG20 0HD at your own risk and cost. 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. Time shall be of the essence and we shall not be obliged to accept any returns made after these dates or process any refunds in respect of such late returns.

10.8 We will pay for the return of all products where you cancel them because they are defective, damaged, incomplete or not as described as well as provide you with a full refund or replacement. In such event, you have a period of thirty (30) days, starting from the date of delivery of the order, to reject any product contained in the order provided that you notify us in writing (using the contact details on our Contact webpage) of the problem within 2 days of the delivery of the products. In the absence of notification within 2 days of delivery, the products shall be deemed to have been delivered in accordance with your order. This condition does not affect your statutory rights.

10.9 If you wish to cancel your order, please contact us using the contact details on our Contact webpage.

10.10 If you are entitled to cancel your order and receive a refund, any sum paid to us by bank transfer or debited to us from your credit card will be re-credited to your account (a) If the products are goods within 30 days from the day on which we receive the product back from you and (b) in all other cases, within 30 days of your telling us you have cancelled your order.

10.11 If you do not receive goods ordered by you within 21 days of the date on which we accepted your order, you should notify us within 14 days, failing which we shall have no liability to you. Our sole liability to you shall be, at our option, to make good the order or to provide you with a refund within 30 days of your notification.

 

11. Our responsibility

11.1 We shall have no liability to you for any failure to deliver products or services you have ordered or any delay in doing so or for any damage or defect to products or services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of ISP or telecommunications provider, failure of delivery company or other third party contractor, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulations or direction, flood, fire, storm, act of God, pandemics, lock-downs, explosion or accident, or acts of terrorism.

11.2 Any implied warranties or conditions in respect of products or other services supplied by EVL, save only for those provided under section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982, are hereby expressly excluded and EVL shall not be liable for any loss injury or damage arising directly from the use, application or storage of such products except where such liability cannot be limited in law. Save as precluded by law, we will not, in any circumstances, be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.

11.3 Notwithstanding the foregoing, nothing in these Ts & Cs is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be

excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful for us to exclude or limit liability.

 

12. Cautionary Guidance

The following is a non-exclusive list of guidance notes:

12.1 Please follow all storage, “best before” dates, “use by” dates and/or other usage guidelines supplied on, or otherwise in connection with, the goods.

12.2 Alcohol should be consumed lawfully, responsibly and in moderation.

12.3 Where you suffer from a medical condition, are undergoing medical treatment and/or are taking medication you are responsible for ensuring that you seek advice from a suitably qualified medical practitioner in relation to the consumption of alcohol.

12.4 Some goods may be heavy so extra care should be taken when lifting these and assistance should be sought where necessary.

12.5 Some goods, such as red wines, may cause staining to fabrics and materials.

12.6 Where the goods include sparkling wines and/or champagnes, they may be volatile due to the build-up of gasses and particular care should be taken when opening and transporting such goods.

12.7 Extra care should be taken when transporting and handling glass goods.

 

13. General

13.1 Unless otherwise expressly stated in the Ts & Cs, all notices from you to us must be in writing and sent to our registered office address: Enborne Vineyards Limited, Church Farm, Enborne, West Berkshire, RG20 0HD

13.2 If any part of the Ts & Cs is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Ts & Cs will not be affected.

13.3 We adhere to the procedures set out in the UK Data Protection Act 1998 in the storage and disclosure of any data to prevent unauthorised access. Your information will be used to process orders and for the use of marketing, as set out in our Privacy Policy.

13.4 Except for our affiliates, directors, employees or representatives, a person who is not a party to the Ts & Cs has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Ts & Cs but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13.5 The Ts & Cs and any order or contract between us to which the Ts & Cs apply shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us (including non-contractual disputes).

 

13.6 The Ts & Cs, together with our online store prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the products to you by us.

13.7 Any delay in enforcing the Ts & Cs shall not constitute a waiver.

13.7 If you are unhappy with any aspect of our service to you, please do not hesitate to contact us.