Terms of service
OVERVIEW
This website is operated by Warehorne Vineyard Limited. Throughout the site, the terms “we”, “us”, “our” and “Warehorne Vineyard” refer to Warehorne Vineyard Limited. Warehorne Vineyard offers this website, including all information, tools and Services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/ or purchasing Products from us, you engage in our Service and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our Online Shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.
OUR NOTES WHEN BUYING ALCOHOL
Alcohol should always be consumed lawfully, responsibly and in moderation.
It is illegal and against the law in the United Kingdom for any person under the age of 18 to buy, or attempt to buy alcohol or for any person aged 18 or over to buy or attempt to buy alcohol for any person under the age of 18.
Where you suffer from a medical condition, are undergoing medical treatment, are pregnant, and/or taking medication you are responsible for ensuring that you seek advice from a suitably qualified medical practitioner in relation to the consumption of alcohol.
We sell Products which contain glass and in certain volumes the Order maybe heavy. Extra care should be taken when lifting and transporting these types of Products. Please note, if you purchase Products which contain sparkling wines, extra care should be taken when transporting such Product and uncorking bottles, including angling the bottle away from the face and eyes. The build up of gas could cause serious injury. Customers should follow storage instructions of the Product.
ORDERS
You will receive an order confirmation email once payment has been received.
All prices, including delivery, include VAT (where applicable) and will be included in your order total. Delivery options are available at checkout and are dependent on the delivery address.
We reserve the right not to accept any Order for any reason.
The images of the Products on the Online Shop are for illustrative purposes only. Your Products may vary slightly from those images and the packaging of the Products may vary from that shown on images on our Online Shop.
It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.
Each Order placed by a Customer will be deemed an offer and our acceptance of your Order will take place when we email you an order confirmation, at which point a contract will come into existence between you and us.
By placing an Order the Customer is confirming that they are 18 years of age or over.
As a retailer of alcohol, we have our legal and social obligations to always uphold these and will not sell or deliver an Order to anyone who is, or appears to be, under the age of 18. We reserve the right to refuse to accept an Order at our sole discretion if we have reason to believe that the Customer is under 18 years of age, or if we have reason to believe that the Customer intends to supply alcohol purchased via the Online Shop and/or Cellar Door to individuals under the age of 18.
We will not permit any Order to be transferred from the original Customer to another person who is, or is suspected to be under 18 years old, in order to avoid the age restrictions imposed by law.
In the event that a Product is unavailable when you place your Order, we shall contact you to arrange a replacement or refund.
What are pre-orders?
Pre-orders are purchases made in advance on Products which are due to be shipped / available for collection at a future date. We offer this to our Customers to ensure that they can guarantee the Product will be available when released on our Online Shop. The Product available for pre-order will have its own specific estimated date for shipping or collection. These dates are not guaranteed dates and we will update the Customer with any changes.
Full payment is required for pre-orders at checkout.
We cannot fully guarantee the estimated shipping/collection date. We will organise shipping or collection as soon as the Product is available.
Once you place an Order with us, it means that you are willing to accept our Terms of Services
Pre-orders are non-transferable. All Orders made shall be shipped directly to the person and address specified at checkout.
DELIVERY
If you have purchased a Product during a pre-order period, we will aim to dispatch the Product to our courier after the release date specified on the Online Shop.
For shipping costs, please view our Shipping Policy. There is no delivery charge for local Orders that can be collected from the Cellar Door.
Our aim is to dispatch your Order to our courier usually within 2-4 working days from the date the Order has been placed on our Online Shop (excluding weekends and bank holidays). In the event we are processing a high number of Orders or circumstances outside of our control, for example but not limited to, weather, courier strikes, then we will aim to dispatch your Order as soon as possible.
Our couriers will aim to deliver your Order the next working day, after they have received the package(s), although this is not a guaranteed service. For Scotland, Northern Ireland and Offshore addresses, delivery will take place between 2 – 5 working days.
If our supply and delivery of your Order is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
Pre-order delivery dates are not guaranteed, please see Pre Orders section for for further information.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. The Customer is responsible for the accuracy of an Order and all delivery information supplied.
You own the Products once we have received payment in full and they have been delivered to you. The Customer accepts that we shall have no liability for loss, damage or expense suffered by the Customer or any third party arising from our failure to deliver on any specified date or time or place.
In the event of a missed delivery please contact the details on the card left at your address. Your Order will be returned to the local courier depot. If our courier has not been contacted within 2 -4 days, then your Order will be notified to us as a pending return. In the event we are required to re-dispatch your package(s), we reserve the right to pass on the cost of redelivery to the Customer.
Neither us nor our courier shall be held liable for any loss or damage suffered by a Customer as a result of the courier carrying out delivery instructions given by a Customer and the Products being subsequently lost or stolen.
The risk in the Products shall pass to the Customer immediately on delivery.
PRICES AND PAYMENT
All prices for our Products are as shown on the Online Shop and are inclusive of UK VAT.
All prices quoted in our literature are subject to withdrawal or alteration without notice. Prices are quoted in pounds sterling.
Delivery charges are not included in the quoted price of a case or a bottle, and may give rise to an additional charge.
Although we endeavour to ensure that all pricing information shown on the Online Shop is accurate, occasionally an error may occur and Products may be mis-priced in genuine error. If we discover such an error we will, at our discretion, either: contact you and ask you whether you wish to cancel your Order or continue with the Order at the correct price; or notify you that we have cancelled your Order. We will not be obliged to supply Products at the incorrect price.
We reserve the right to change prices at any time.
Full payment for Products purchased and any delivery charge is to be made at the time an Order is placed by credit or debit card.
RETURNS & REFUNDS
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it and be in the original packaging.
If some or all of the Products are broken on delivery, the Customer must notify us within 48 hours of the delivery date. Customers must email us at orders@warehornevineyard.co.uk and provide photographic evidence of the unopened damaged bottle for either refund or exchange.
If the delivered Products are incorrect, they must be returned in the original packaging. Refund
YOUR CANCELLATION RIGHTS
We provide you with the following cancellation rights.
You may cancel the Order, for whatever reason, from the moment you place the Order until 14 working days after the date you receive the Products from us, provided that none of the Products have been opened or damaged. You must ship the Products back to us within 14 days of notifying us.
Please note that if you choose to cancel the Order and the Products have already been dispatched to you, we will not be able to cancel your Order until the Products have been returned to us or collected by our courier and we have had an opportunity to inspect the returned Products. Please note that the return of the Products will be at your cost.
If you placed an Order by mistake and wish to cancel, please email us as soon as possible on placing, at orders@warehornevineyard.co.uk
OUR CANCELLATION RIGHTS
We reserve the right to cancel any Order for any reason by informing you in writing by means of email. If you Order is cancelled we will contact you to explain why and refund any money you have paid us in respect of the Order.
GIFT CARDS
Gift cards cannot be redeemed for cash and are non-refundable. Gift cards can be used towards our Products as part of the cost of your Order. If your Order exceeds the value of the Gift card, you will be asked to submit payment for the remaining balance by debit or credit card. If your purchase value is less than the face value of the Gift card redeemed, the remaining amount will remain valid on your Gift Card code. In the event there is no expiry date expressed on the gift cards then they will be valid for 5 years from date of purchase.
DISCOUNT/COUPON CODES
We offer discount codes to our Customers during our Service. These codes will have no cash value and are not for sale. We reserve the right to withdraw or cancel codes at any time.
CELLAR DOOR
You are able to purchase our Products at our Cellar Door.
Customers have the option to pickup an online Order at our Cellar Door. Customers can make this selection during the checkout process on our Online Shop by selecting ‘Collect My Order’.
Once you have placed your Order, you will receive a ‘ready to pickup’ email confirming when the Product is available to collect.
Customers must receive the ‘ready to pickup’ email and check our opening times before arriving at the Cellar Door.
Please ensure you show us your ‘ready to pickup’ email when arriving at our Cellar Door. We reserve the right to ask for valid UK identification when you pickup your Order.
If someone is collecting an Order on your behalf, they will need to show us upon arrival the ‘ready to pickup’ email and be able to confirm the postcode on your Order.
Pre-order collection dates are not guaranteed, please see Pre Orders section for for further information.
TOURS
Booking confirmation
You will receive your confirmation from us once payment has been completed via our checkout process. Please keep the booking confirmation for reference as it maybe required on the day of your experience.
If you do not receive a booking confirmation after booking and payment, please get in touch with us.
Cancellations and Refunds
If you need to cancel a booking 72 hours or more prior to your experience we will be able to either transfer the booking to a future date or offer you a refund.
If you need to cancel a booking in less than 72 hours prior to your experience then we will provide you the opportunity to reschedule your experience to another date. Please contact us to arrange a new date.
If we have to cancel your experience then you will be offered a full refund or an alternative date for your booking. No further compensation shall be payable by us.
Experience
Our Vineyard Tour and Tasting Experience will last 90 minutes.
We ask that you arrive 10 minutes before the allocated start time for your experience and report to a member of the team who will be on hand to assist you. Our experiences are scheduled to allocated timings and therefore we are unable to delay the start of any of our experiences.
We ask that all guests attending wear suitable footwear and clothing for the experience.
We reserve the right to change, suspend or cancel our experiences at any time and at our discretion. We will make contact with you in the event your experience is affected.
We reserve the right to change the type of wine included in the experience according to our availability and without notice.
We take no responsibility for any injuries or loss to you incurred while on any experience. We shall not be liable for the damage, theft or loss to personal belongings at any time during the duration of your experience.
GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy
We have made every effort to display as accurately as possible the colours and images of our Products that appear on our Online Shop. We cannot guarantee that your computer monitor's display of any colour will be accurate. We aim to show items as accurately as possible, but they may appear different online as to viewing in person.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on this website is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Online Shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
THIRD-PARTY LINKS
Certain content, Products and Services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Online Shop is governed by our Privacy Policy, which can be viewed here
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Warehorne Vineyard and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at orders@warehornevineyard.co.uk.
DEFINED TERMS
Terms of Services means the terms and conditions which are available on our website and provide information to a contract with us
Service means the supply of our Products to our Customers
Order means the sale of our Products that we offer as part of our Service
Products means the items we offer to Customers, for example wines, tours and gift cards
Customer means any person, from whom or from which we accept an Order to supply Products and Services to
Online Shop means www.warehornevineyard.co.uk
Cellar Door means Warehorne Vineyard, Warehorne Road, Ashford, Kent, TN26 2JT