10. Delivery, Risk and Ownership
‘Delivery, Risk and Ownership’, ‘Problems with the Alcoholic drink Products’ and ‘Cancelling and Returning Goods if You Change Your Mind’ can be found in our Terms of Sale via our Terms and Conditions. This has been reiterated below:
10.1 All Alcoholic drink Products purchased through Our Site will normally be delivered within 48 hours after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14 in Terms of Sale in Terms and Conditions).
10.2 If We are unable to deliver the Alcoholic drink Products on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Alcoholic drink Products and the Alcoholic drink Products cannot be left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Alcoholic drink Products;
10.2.2 If you do not collect the Alcoholic drink Products or rearrange delivery within 14 calendar days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Alcoholic drink Products. If this happens, you will be refunded the purchase price of the Alcoholic drink Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Alcoholic drink Products.
10.3 In the unlikely event that We fail to deliver the Alcoholic drink Products within 48 hours of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Alcoholic drink Products; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Alcoholic drink Products that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Alcoholic drink Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Alcoholic drink Products and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Alcoholic drink Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Alcoholic drink Products.
10.6 Delivery shall be deemed complete and the responsibility for the Alcoholic drink Products will pass to you once We have delivered the Alcoholic drink Products to the address including, where relevant, any alternative address you have provided.
10.7 Ownership of the Alcoholic drink Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Alcoholic drink Products.
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
11.2 If any Alcoholic drink Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Alcoholic drink Products, please contact Us as soon as reasonably possible and in any event within 48 hours to inform Us of the problem, and to arrange for a refund or replacement.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Alcoholic drink Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Alcoholic drink Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Alcoholic drink Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
11.4 To return Alcoholic drink Products to Us for any reason under this Clause 11, please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Alcoholic drink Products under this Clause 11 and will reimburse you where appropriate.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Alcoholic drink Products were originally purchased.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Alcoholic drink Products.
11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12.1 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.1.1 Telephone: +44 1323 870022;
12.1.2 Email: email@example.com;
12.1.3 Post: Cellar Door, Rathfinny Wine Estate, Alfriston, East Sussex. BN26 5TU;
12.1.4 In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.2 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.3 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.3.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
12.3.2 If the Goods are likely to deteriorate quickly, for example flowers or food;
12.3.3 If the Goods have been personalised or custom-made for you;
12.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.5 You may return Goods to Us in person during Our business hours or you may return them by post or another suitable delivery service of your choice to Our returns address at Cellar Door, Rathfinny Wine Estate, Alfriston, East Sussex. BN26 5TU. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.6 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.6.1 The day on which We receive the Goods back; or
12.6.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.6.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.7 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.7.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.7.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.8 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.