Nyetimber | Terms

LEGALS

TERMS

NYETIMBER LIMITED

Please read these terms and conditions for sales fulfilled via online store carefully.

 

Use of the webstore

These Terms and Conditions (“Terms”) govern the sale and supply of products by Nyetimber Limited, a company registered in England and Wales with company number 05509845 (“Nyetimber”), to customers for delivery within the United Kingdom (each a “Customer”) via Nyetimber’s online store (the “Webstore”). The Webstore is not available to Customers wishing to arrange delivery of Orders outside the United Kingdom.

Only persons over the legal age to purchase alcohol in their country of residence may access or purchase Products from the Webstore. For UK residents, access to the site is restricted to persons aged 18 and over. By making a purchase via the Webstore, the Customer warrants that he or she is of legal age to purchase alcohol in his or her country of residence.

By accessing the Webstore the Customer agrees to be bound by these Terms, which will be updated from time to time at Nyetimber’s sole discretion. Individuals who are not prepared to agree to be bound by these Terms do not have permission to access or use the Webstore.

The Customer’s use of the Webstore is subject to registration via Nyetimber’s secure online portal at www.nyetimber.com. During registration, the Customer will set login details which will allow the Customer access to the Webstore and the opportunity to submit Orders through the Customer’s online account.

The Customer shall at all times maintain strict confidentiality of its login name, password and other confidential information in relation to its use of the Webstore, and will be solely responsible and liable for activities and amendments to the Customer’s online account. It is also the Customer’s responsibility to ensure that any information provided via the Webstore is accurate and complete. The Customer’s use of the Webstore will be entirely at its own risk save only where the Customer sustains loss or damage as a direct result of Nyetimber’s negligence or to the extent liability cannot be limited in law.

Orders

  1. Capitalised terms where used below correspond with the following definitions:
  • “Confirmation Email” means an email communication from Nyetimber confirming its acceptance of an Order from the Customer, which will contain an estimated time of delivery and a unique reference number;
  • “Contract” means the contract for the purchase and supply of Products between the Customer and Nyetimber, which is formed on acceptance of an Order by Nyetimber;
  • “Product(s)” means a Nyetimber wine made available for sale via the Webstore;
  • “Order” means an order placed by the Customer via the Webstore for the supply of Products.
  1. Nyetimber will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18, and reserves the right to refuse to accept an Order in its sole discretion if it has reason to believe the Customer is under 18, or the Customer intends to supply Products to under-18s. By placing an Order the Customer confirms that he or she is at least 18 years old.
  2. Each Order placed by a Customer shall be deemed an offer and shall be subject to acceptance by Nyetimber by way of a Confirmation Email. Nyetimber may refuse to accept an Order for any reason, and Customers should note an on-screen acknowledgement of an Order does not constitute acceptance by Nyetimber. On receipt of a Confirmation Email, the Customer shall become bound by these Terms.
  3. If an Order cannot be accepted for any reason (including for example but without limitation non-availability or withdrawal of a Product) Nyetimber will promptly notify the Customer via email and, wherever possible, offer a replacement or a refund as appropriate.
  4. All Orders are subject to Nyetimber’s receipt of a valid debit or credit card authorisation from the Customer. Full payment for the Products is to be made at the time an Order is placed.
  5. Title in the Products supplied to a Customer shall not pass until full payment has been made for the Products at the price specified in the relevant Confirmation Email. In any case of non-payment or chargebacks by a Customer, Nyetimber shall be entitled to repossess or trace the Products or the proceeds of sale in the Customer’s and enter onto any of the premises where the materials are located in order to exercise this right.
  6. In respect of all Orders shipped, the risk in the Products shall pass to the Customer immediately on delivery.

Prices

  1. All quoted Product prices are inclusive of UK VAT.
  2. Promotional offers and prices are as stated, with no further discounts available.
  3. Whilst every effort is made to ensure the published price of each Product is accurate, Nyetimber cannot guarantee pricing will be correct in all circumstances or that all Products on the Webstore will be available at all times. In the event of a pricing error, Nyetimber will either contact the Customer to offer the option of a replacement, a refund or fulfilment of the Order at the correct price. Nyetimber will not in any event be obliged to supply Products at an incorrect price.
  4. Nyetimber reserves the right to adjust prices and offers on Products at its discretion before acceptance of an Order. Where an end date for an offer is specified on the Webstore it is intended for guidance purposes only.

Delivery

  1. Standard Delivery. Nyetimber will undertake to arrange next day delivery (excluding weekends) for all Customer Orders received up to 1.00pm. Orders received after 1.00pm will be processed on the next working day. However, where it is not possible for any reason to arrange next day delivery, the expected day of delivery will be indicated on the Confirmation Email. During peak periods or periods of adverse weather conditions, delivery times may be extended. Standard Delivery will be charged at the flat rate specified on the Webstore and added to each Order as a net extra charge. There is no minimum product order in respect of Standard Delivery Orders.
  2. Nyetimber’s courier offers delivery on Monday to Friday between 8am to 6pm. If our courier is unable to successfully deliver they will either leave the Customer’s Order in a safe place or leave instructions for to re-booking delivery. A signature will be required and, at the courier’s discretion, a suitable form of ID, which the Customer must be ready to present on delivery of all Orders. If the Customer is unable to comply with these requirements for any reason, the courier will be unable to deliver the Order and Nyetimber will not be responsible for any re-delivery charges arising as a result of having to rearrange delivery.
  3. Any delivery dates supplied via the Webstore or following acceptance of an Order are given in good faith and in the expectation that Nyetimber will be able to fulfil them. Notwithstanding the foregoing, Nyetimber will use all reasonable endeavours to ensure the Products are delivered within the later of seven (7) working days following acceptance of the Order, or the estimated delivery time specified in the Confirmation Email. The Customer accepts that time is not the essence and Nyetimber shall be under no liability for loss, damage or expense suffered by the Customer or any third party arising from the failure of Nyetimber to deliver on any specified date or time or place.
  4. Neither Nyetimber nor its courier will 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.
  5. Nyetimber is unable to deliver to the Channel Islands or destinations outside the UK.

Return & Cancellation

  1. The Customer has a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract within fourteen (14) days after the date the relevant Order was accepted. However, Nyetimber is only obliged to reimburse the cost of returning items where they were delivered in error, or the Products were damaged or defective.
  2. Should the Customer elect to cancel an Order, all charges will be refunded, less any delivery charges, within fourteen (14) days of the Products being returned, provided they are in a saleable condition. The Customer must make arrangements for the collection of the Order within fourteen (14) days of notifying Nyetimber of its intention to cancel the Contract, failing which Nyetimber may decline to accept the Products or process the Customer’s refund request.
  3. If the Customer wishes to exchange a Product, additional shipping charges will apply together with the difference (if any) between the prices of the original and the replacement Product.
  4. In addition Nyetimber will provide a full refund or replacement for any Products which are defective or not as described. In such event, the Customer has a period of thirty (30) days, starting from the date of delivery of the Order, to reject any Product contained in the Order. This condition does not affect the Customer’s statutory rights.
  5. Nyetimber may require rejected bottles to be returned, in which case it will arrange a convenient collection time with the Customer.
  6. Any return/refund or exchange requests, or questions concerning Nyetimber’s returns and cancellation policy, should be addressed via email to customercare@nyetimber.com. Customers may also direct enquiries to Nyetimber’s Customer Care Team by calling 0800 093 0243.

Complaints

  1. Complaints should be addressed via email to customercare@nyetimber.com or by calling 0800 093 0243. Any complaints should quote the relevant order number and as much detail as possible concerning the Customer’s grounds for complaint. All complaints will be acknowledged within five working (5) days and Nyetimber will undertake to resolve the issue within a further five (5) working days. Each complaint will be treated as confidential and addressed by a manager who will have overall responsibility for the matter.

Nyetimber’s Liability

  1. Nyetimber shall not be liable for:
  2. a) The failure to perform any obligation if such failure was caused by circumstances beyond Nyetimber’s control or;
    b) Delay howsoever caused in performing any obligation or;
  3. c) Interruption of delay in fulfilling its obligations hereunder by reason of implementing a change to an Order requested by the Customer.
  4. Any implied warranties or conditions in respect of Products or other services supplied by Nyetimber, save only for those provided under the Sale of Goods Act 1979, are hereby expressly excluded and Nyetimber shall not be liable for any loss injury or damage arising directly from the use, application or storage of such Products except where such liability cannot be limited in law. Without prejudice to the foregoing Nyetimber may be prepared to consider claims concerning the quality of the Products (including, at Nyetimber’s sole discretion, arranging for replacement thereof) provided that such claims are notified to Nyetimber in writing within thirty (30) days of receipt of the Products by the Customer and are limited to the invoice value of the Products.  However, Nyetimber expressly excludes liability for any such claims arising by reason of defects caused by the wilful or accidental damage, negligence or incorrect storage on the part of the Customer.
  1. All claims for damage to, or partial loss of Products in transit must be submitted in writing to Nyetimber within three (3) working days of delivery. In the case of non-delivery of the whole Order, claims must be submitted in writing to Nyetimber within five (5) working days of receipt by the Customer or the Customer’s agent of notification of despatch of Products.  In the absence of notification of claims within the terms mentioned above the Products shall be deemed to have been delivered in accordance with the Customer’s Order.
  1. The Webstore is only intended for the sale of Products for domestic and private use. The Customer agrees that he or she will not use the Products for any commercial, business or re-sale purposes, and Nyetimber will have no liability in respect of any loss of profit, loss of business, business interruption or loss of business opportunity in any circumstances whatsoever.

General

  1. Customers should be aware of the following inherent risks related to the consumption of alcohol:
  • Alcohol should always be consumed in moderation;
  • The Products are heave and extra care should be taken when lifting;
  • Sparkling wines can be volatile due to the build-up of gas and extra care should be taken when uncorking, including angling the bottle away from the face and eyes.
  1. Nyetimber and the Customer confirm their intent not to confer any rights on any third parties by virtue of the Contracts (Rights of Third Parties) Act 1999.
  2. The Contract shall be governed by and continued in accordance with English Law and in particular the provisions of the Licensing Act 2003 with regard to the minimum legal age for the consumption of alcohol. The Customer hereby submits to the exclusive jurisdiction of the English courts.

April 2019
© Nyetimber Limited. Registered in England No. 05509845.
VAT NUMBER GB 945 7803 88. Registered Office: Nyetimber Vineyard, Gay Street, West Chiltington, West Sussex, RH20 2HH.

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