TERMS AND CONDITIONS OF SUPPLY

1. These terms

   1. What these terms cover

      These are the terms and conditions on which we supply products and services to you.

   2. Why you should read them

      Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

   3. You must be aged 18 years or older to use our website

      You must be aged 18 years or older to use our website. You must not use our website if you are under the age of 18.

   4. Are you a business customer or a consumer?

      In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

      • You are an individual.
      • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

   5. If you are a business customer this is our entire agreement with you

      If you are a business customer these terms 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 these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

   6. You should be aware of the following inherent risks, warnings and recommendations in respect of products you order via our website:

      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.
      2. Alcohol should be consumed lawfully, responsibly and in moderation.
      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.
      4. Some goods may be heavy so extra care should be taken when lifting these and assistance should be sought where necessary.
      5. Some goods, such as red wines, may cause staining to fabrics and materials.
      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.
      7. Extra care should be taken when transporting and handling glass goods.
      8. Goods purchased on our website are not to be resold.

   7. Age Restriction

      Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. We are committed to upholding both our legal and social obligations as a retailer of intoxicating liquor. In order to achieve this, we have introduced a number of control checks throughout the order and delivery process (for example, you will be asked for age verification if you appear to be under the age of 25 in accordance with our "Challenge 25 Policy"). For further details in relation to the delivery of age restricted products, please see clause 7.3 below.

   8. Other terms that apply

      Your use of our website is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.

2. Information about us and how to contact us

   1. Who we are

      We are Gusbourne Estate Limited a company registered in England and Wales. Our company registration number is 07665948 and our registered office is at Gusbourne Estate, Kenardington Road, Appledore, Kent, TN26 2BE, England. Our registered VAT number is 115 9851 00.

   2. How to contact us

      To contact us, please see our Contact Us page.

   3. How we may contact you

      If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

   4. "Writing" includes emails

      When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

   1. How we will accept your order

      Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

   2. If we cannot accept your order

      If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

   3. Delivery outside the UK

      We are able to deliver to addresses outside the UK mainland for products ordered via our website, but we are not able to service all international regions. If you place an order for products from outside the UK mainland via our website, the order will be subject to additional shipping costs. For deliveries outside the UK mainland, your requested shipping quote will be calculated based on the destination and weight of the shipment. If we are unable to provide a delivery due to extended delays in shipping times or costs being too prohibitive, we may suggest an alternative supplier to purchase our products from via our partners in international regions. However, we regret that in some instances, we will not be able to provide shipping quotes to all international regions.

4. Our products

   1. Products may vary slightly from their pictures

      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.

   2. Product packaging may vary

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

5. Your rights to make changes

   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.

6. Our rights to make changes to products or these terms

   1. Minor changes to the products

      We may change the product:

      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to change the vintage.

   2. More significant changes to the products and these terms

      In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

7. Delivery

   1. Delivery costs

      The costs of delivery (if any) will be as displayed to you on our website. We use the following couriers for our online deliveries:

      • Royal Mail;
      • APC;
      • DHL;
      • Fedex;
      • UPS;

   2. When we will provide the products

      During the order process we will let you know when we will provide the products and/or services to you.

      • If the products are goods (e.g. a bottle of wine) we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
      • If the products are services (e.g. a vineyard tour or wine tasting session), we will begin the services on the date set out in the order.

   3. Royal Mail delivery of age restricted products

      Royal Mail will not deliver age-restricted items to a locker or a nominated safe place. However, they can deliver such items to a Royal Mail Local Collect Post Office, enquiry office or delivery office, for age verification at collection.

      1. Royal Mail will ask to see a valid photo ID if the recipient looks under 25 years old. This is in line with the UK ‘Challenge 25’ policy. They will also ask the recipient to sign for the parcel.
      2. If Royal Mail cannot deliver your parcel, they will leave a ‘something for you’ card and bring the parcel to the nearest post office. To collect the parcel, you will need to verify your age. Alternatively, you can use the information on the card to contact Royal Mail and arrange a redelivery.
      3. Royal Mail accepts these types of photo ID:
         • Passport; or
         • Valid driving licence.
      4. We will not be responsible or liable to you for a failure to deliver if you fail to meet the above Challenge 25 requirements.

   4. Courier delivery terms will apply

      Please note that we use third party couriers and their delivery terms and conditions will apply. Please see below links to the relevant courier terms and conditions:

      1. https://www.royalmail.com/terms-and-conditions
      2. https://apc-overnight.com/sending-a-parcel/terms_and_conditions_of_carriage/;
      3. https://www.inxpress.com/terms-and-conditions/;

   5. We are not responsible for delays outside our control

      Sometimes delays can happen. If our supply of the products is delayed by an event outside our control (e.g. where we are required to change the products to bring them in line with applicable requirements) then we will contact you as soon as possible to let you know and we will take steps to reduce 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.

   6. If you are not at home when the product is delivered

      If no one is available at your address to take delivery and the products, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. You will be liable for any costs associated with rearranged deliveries. You will need to bring photo I.D. with you when collecting the products from a local depot.

   7. If you do not re-arrange delivery

      If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

   8. When you become responsible for the products

      A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

   9. When you own goods

      You own a product which is goods once we have received payment in full.

   10. What will happen if you do not give required information to us

       We may need certain information from you so that we can supply the products to you, for example, your delivery address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

   11. Reasons we may suspend the supply of products to you

       We may have to suspend the supply of a product to:

       1. if we have reason to believe or suspect that you are under the age of 18;
       2. deal with technical problems or make minor technical changes; or
       3. update the product labelling to reflect changes in relevant laws and regulatory requirements.

   12. Your rights if we suspend the supply of products

       We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three (3) weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

8. Your rights to end the contract

   1. You can always end your contract with us

      Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      4. In all other cases if you are a consumer (if we are not at fault and you are not exercising your right to change your mind), see clause 8.6.

   2. Ending the contract because of something we have done or are going to do

      If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) weeks; or
      5. you have a legal right to end the contract because of something we have done wrong.

   3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)

      If you are a consumer then you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

   4. When consumers do not have a right to change their minds

      Your right as a consumer to change your mind does not apply in respect of:

      1. wine where bottles (or other containers) have been unsealed, opened, broken or are otherwise not intact; or
      2. services (e.g. a wine tasting session or vine yard tour), once these have been completed, even if the cancellation period is still running.

   5. How long do consumers have to change their minds?

      If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

      1. Have you bought goods (for example, a bottle of wine)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
      1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
      2. Have you bought services (for example, a vine yard tour or wine tasting session)? If so, you have 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. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

   6. Ending the contract where we are not at fault and there is no right to change your mind (if you are a consumer)

      Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

   7. Tours and wine tasting sessions

      If you have booked a tour and/or or wine tasting 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 and we may deduct from your refund as set out in clause 8.6 above. If you have booked a ticket for a tour or wine tasting 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 nest@gusbourne.com. If we cancel your booking in its entirety, 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.

9. How to end the contract with us (including if you are a consumer who has changed their mind)

   1. Tell us you want to end the contract

      To end the contract with us, please let us know by doing one of the following:

      1. Phone or email or online. Please contact us via the contact details provided on our Contact Us page.
      2. By post. Print off the contract cancellation form here and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

   2. Returning products after ending the contract

      If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Kenardington Road, Appledore, Ashford, Kent TN26 2BE. 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.

   3. When we will pay the costs of return

      We will pay the costs of return:

      1. if the products are faulty or misdescribed; or

      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

         In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

   4. How we will refund you

      If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

   5. When we may make deduction from refunds if you are a consumer exercising your right to change your mind

      If you are exercising your right to change your mind:

      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. The refund for delivery costs will be the price you paid for delivery.

   6. When your refund will be made

      We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

      1. If the products are goods and we have not offered to collect them, your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
      2. In all other cases, your refund will be made within 30 days of your telling us you have changed your mind

10. Our rights to end the contract

    1. We may end the contract if you break it

       We may end the contract for a product at any time by writing to you if:

       1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, correct delivery address; or
       2. you do not, within a reasonable time, allow us to deliver the products to you.

    2. You must compensate us if you break the contract

       If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

    1. If you have any questions or complaints about the product, please contact us.

12. Your rights in respect of defective products if you are a consumer

    1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

    2. Your obligation to return rejected products

       If you wish to exercise your legal rights to reject products (in accordance with clause 12.1) you must post them back to us. We will pay the costs of postage. Please Contact Us to arrange a return label.

13. Your rights in respect of defective products if you are a business

    1. If you are a business customer we warrant that on delivery, any products which are goods shall:

       1. be of satisfactory quality; and
       2. be fit for any purpose held out by us.

    2. Subject to clause 13.3, if:

       1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
       2. we are given a reasonable opportunity of examining such product; and

       3. you return such product to us at our cost,

          we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

    3. We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:

       1. you make any further use of such product after giving a notice in accordance with clause 1.1(a);
       2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; or
       3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    4. Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
    5. These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

14. Price and payment

    1. Where to find the price for the product

       The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

    2. We will pass on changes in the rate of VAT

       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.

    3. What happens if we got the price wrong

       It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

    4. When you must pay and how you must pay

       We accept payment with the debit and credit cards listed on our website. You must pay for the products before we dispatch them and you must pay for services before we provide them. We will not charge your credit or debit card until we dispatch the products to you.

    5. Our right of set-off if you are a business customer

       If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

    6. We can charge interest on late payments

       If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

15. Our responsibility for loss or damage suffered by you if you are a consumer

    1. We are responsible to you for foreseeable loss and damage caused by us

       If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so

       This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.

    3. We are not liable for business losses

       If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16. Our responsibility for loss or damage suffered by you if you are a business

    1. Nothing in these terms shall limit or exclude our liability for:

       1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
       4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

    3. Subject to clause 16.1:

       1. we will not be liable for loss or damage caused by your handling of our products. In particular we will not be liable for spillages or breakages;
       2. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
       3. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £5,000.

17. How we may use your personal information

    1. We will only use your personal information as set out in our Privacy Policy.

18. Other important terms

    1. We may transfer this agreement to someone else

       We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

    2. You need our consent to transfer your rights to someone else

       You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    3. Nobody else has any rights under this contract

       This contract is between you and us. No other person shall have any rights to enforce any of its terms.

    4. If a court finds part of this contract illegal, the rest will continue in force

       Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing this contract, we can still enforce it later

       If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer

       These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business

       If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.