TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents expressly referred to on it) tells you information about Gusbourne Estate Limited (referred to as “we” or “us”) and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on www.gusbourne.com (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Information About Us
- We operate our site. We are Gusbourne Estate Limited, a company registered in England and Wales under company number 07665948 and with our registered office and main trading address at Gusbourne Estate, Kenardington Road, Appledore, Kent, TN26 2BE, England. Our VAT number is 115 9851 00.
- To contact us, please see our Contact Us page.
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
You should be aware of the following inherent risks, warnings and recommendations in respect of Products you order via our site:
- Please follow all storage, “best before” dates, “use by” dates and/or other usage guidelines supplied on, or otherwise in connection with, the Products.
- Alcohol should be consumed lawfully, responsibly and in moderation.
- 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.
- Some Products may be heavy so extra care should be taken when lifting these and assistance should be sought where necessary.
- Some Products, such as red wines, may cause staining to fabrics and materials.
- Where the Products 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.
- Extra care should be taken when transporting and handling glass Products.
Use of Our Site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
How We Use Your Personal Information
- You may only purchase Products from our site if you are at least 18 years old. If you are underage, please do not attempt to order Products through our site.
- By placing an order for Products through our site you confirm that you are at least 18 years old and you also confirm that you will not supply the Products to anyone who is under the age of 18.
- By placing an order via our site, you agree that we may use the information you supply (including personal information and financial information) to confirm that you are at least 18 years of age.
- If, for any reason whatsoever, we suspect (in our absolute discretion) that you are not at least 18 years of age, we reserve the right to reject your order and/or cancel any Contract without further liability.
If You Are a Consumer
This clause 6 only applies if you are a consumer:
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights.
If You Are a Business Customer
This clause 7 only applies if you are a business:
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
How the Contract Is Formed Between You and Us
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.2.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Our Right to Vary These Terms
We may revise these Terms from time to time, including in the following circumstances:
- changes to how we accept payment from you; or
- changes to relevant laws and regulatory requirements.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this.
- We may revise these Terms from time to time, including in the following circumstances:
Your Consumer Right of Return and Refund
This clause 10 only applies if you are a consumer:
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in all circumstances such as in the case of:
- wine where bottles (or other containers) have been unsealed, opened, broken or are otherwise not intact;
- other perishable goods; or
- any made-to-measure or custom-made products or products made to your specification or clearly personalised.
- Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products.
- To cancel a Contract, please fill out the Cancellation Form at Appendix A and send it to us at the address provided. You may also contact us in writing by sending an e-mail or letter to us using the contact details set out on our Contact Us page. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
- You will receive a full refund of the price you paid for the Products but will not refund you for any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 10.4. If you returned the Products to us because they were faulty or mis-described, please see clause 10.6.
- If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full.
If the Products were delivered to you:
- you must return the Products to us at your own expense as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 10.6), you will be responsible for the cost of returning the Products to us; and
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- We will endeavour to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Time is not of the essence in relation to delivery.
- Delivery will be completed when we deliver the Products to the address you provide to us.
- If no one is available at your address to take delivery, we (or our delivery agent) will leave you a note that the Products have been returned to our (or our delivery agent’s) premises, in which case, please contact us (or our delivery agent) to rearrange delivery. You will be liable for any costs associated with rearranged deliveries.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full (including all applicable delivery charges).
International Delivery for Products Ordered via Our Site
- We are able to deliver to addresses outside the UK mainland for Products ordered via our site.
- You may place an order for Products from outside the UK mainland via our site, but the order will be subject to shipping costs.
- For deliveries outside the UK mainland, you may request a shipping quote through the website, which will be calculated based on the destination and weight of the shipment.
- Should you wish to enquire further about ordering Products for delivery to an address outside the UK mainland and the subsequent shipping costs, please contact us using the details located at our Contact Us page.
Price of Products and Delivery Charges
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
- It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to Pay
- You can only pay for Products using a debit card or credit card. Details of the types of card accepted are set out in the ‘checkout’ section of our online order process.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- By providing us with debit card or credit card details, you are confirming that you are the relevant card holder or that you have express permission from the cardholder to order Products via our site.
We warrant that the Products will be of satisfactory quality and fit for their general purpose at the time of Delivery, subject to clause 2.4.1.
Our Liability If You Are a Business
This clause 16 only applies if you are a business customer:
- We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Rights Act 2015.
Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our Liability If You Are a Consumer
This clause 17 only applies if you are a consumer:
- 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Rights Act 2015.
Events Outside Our Control
- 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 18.2.
- An Event Outside Our Control means any act or event beyond our reasonable control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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.
Communications Between Us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you must contact us in writing by sending the Cancellation Form at Appendix A, an e-mail or letter to us using our contact details located at our Contact Us page. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
- If you wish to contact us in writing for any other reason, you can also contact us by telephone using the contact details located at our Contact Us page.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other Important Terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, 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. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
(Complete and return this form only if you wish to withdraw from the contract)
To: Gusbourne Estate, Kenardington Road, Appledore, Kent TN26 2BE, telephone number 01233 758666 and email address email@example.com
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 [*]:
(only if this form is notified on paper)
[*] Delete as appropriate