This page (together with the documents referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we will supply any of the products (Goods) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Goods to you (Contract). By ordering any Goods through our site, you agree to be bound by these Terms which will form part of a legally binding agreement between us. If you refuse to accept these Terms, you will not be able to order any Goods through our site.
Our site is intended for use by you only if you are of legal drinking age and permitted by law to purchase alcohol in the UK. Alcohol can only be purchased by, and for, individuals aged 18 and over in the UK. If you do not fall within this category, you should leave our site.
We amend these Terms from time to time as set out in condition 5. Every time you wish to order Goods, please check these Terms to ensure that you understand the terms which will apply at that time. If you think that there is a mistake in these Terms or that they require any changes, please contact us on 01423 541279 or email us at [email protected] to discuss.
These Terms, and any Contract between us, are only in the English language. No other languages will apply to this Contract.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. We operate the website www.wslingsby.co.uk. We are Spirit of Harrogate Limited a company registered in England and Wales. Our company registration number is 09193835 and our registered office is at 4 Sceptre House, Hornbeam Square North, Harrogate, North Yorkshire HG2 8PB. Our registered VAT number is 708 271 147 002. Our AWRS registration number is AWRS URN XAAW00000108384.
1.2 How to contact us. You can contact us by telephoning our customer service team at 01423 541279 or by writing to us at Spirit of Harrogate Ltd, 5-7 Montpellier Parade, Harrogate, HG1 2TJ.
1.3 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.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
2. OUR PRODUCTS
2.1 Goods may vary slightly from their pictures. The images of the Goods on our site are for illustrative purposes only. Your Goods may vary slightly from those images.
2.2 Goods packaging may vary. The packaging of the Goods may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you http://wslingsby.co.uk/privacy
4. HOW WE MAY USE YOUR PERSONAL INFORMATION
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Every time you order Goods from us via our site, the Terms in force at the time of your order will apply to the Contract between you and us.
5.2 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all of the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods that you have received and we will arrange a full refund of the price that you have paid, including any delivery charges.
6. AGE RESTIRCTIONS FOR THE PURCHASE OF ALCOHOLIC GOODS
6.1 The purchase of alcoholic Goods made available on our site is subject to age requirements specified by law. Alcohol can only be purchased by, and for, individuals aged 18 and over in the UK. We are not permitted by law to supply these Goods to individuals who do not satisfy these age requirements and, if you are underage (or, if different, the intended recipient of the alcoholic Goods is underage), you must not attempt to order these Goods through our site.
6.2 By placing an order for alcoholic Goods through our site you confirm that you (and, if different, the recipient of the alcoholic Goods) satisfy the age requirements necessary to buy such Goods.
7. OUR CONTRACT WITH YOU
7.1 All orders that you place on our site for the Goods will be subject to acceptance in accordance with these Terms.
7.2 How to place an order.
7.2.1 Our shopping pages will guide you through the steps you need to take to place an order with us via our site. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2.2 When you place your order at the end of the online checkout process (e.g. when you click on the [‘pay now’] button), you will receive an email 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 condition 7.2.3.
7.2.3 We will confirm acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.2.4 The Contract will relate only to those Goods confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until we confirmed acceptance of the order of those Goods in the Dispatch Confirmation.
7.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because:
7.3.1 the Goods are out of stock; or
7.3.2 we cannot authorise your payment; or
7.3.3 we have identified an error in the price or description of the Goods; or
7.3.4 we are not permitted to sell the Goods to you; or
7.3.5 we are unable to meet a delivery deadline you have specified.
7.4 Subject to availability. All orders for Goods are subject to availability. We will inform you as soon as possible if any Goods you have ordered are not available and will not process your order for those Goods.
7.5 Our right to make changes to the Goods. We may change the Goods to reflect changes in relevant laws and regulatory requirements. If we change the Goods as they apply to your order, we will notify you and you may then contact us Ion [email protected] or by telephone on 01423 541279 to end the Contract and receive a full refund before the changes take effect.
7.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
8. PRICE AND PAYMENT
8.1 Where to find the price for the Goods. The price of the Goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We will use our best efforts to ensure that the price of the Goods advised to you is correct. However please see condition 8.4 for what happens if we discover an error in the price of the Goods that you order.
8.2 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 Good, we will adjust the rate of VAT that you pay, unless you have already paid for the Good in full before the change in the rate of VAT takes effect.
8.3 Delivery charges. The prices of the Goods do not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges http://wslingsby.co.uk/deliveryreturns
8.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Goods’ correct price at your order date is higher than the price stated, 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 that you have paid and require the return of any Goods provided to you.
9. HOW TO PAY
9.1 How you must pay. Payment for all Goods must be made by credit or debit card. We accept payment with those credit and debit cards set out on the order pages on our site. All card payments are subject to authorisation by your card issuer.
9.2 When you must pay. Payment for the Goods and all applicable delivery charges is in advance. We will not charge your credit or debit card until we dispatch your order.
10. DELIVERY OF THE GOODS
10.1 When we will deliver the Goods. We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order).
10.2 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside 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 delay lasting more than [14 days] you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
10.3 We do deliver to addresses outside the UK mainland (England, Wales and Scotland excluding, Scottish Highlands) including for example, Northern Ireland, the Isle of Man and the Isle of Wight, and remote destinations such as the Scottish Highlands; however, these destinations shall be subject to a bespoke delivery charge which we will confirm to you.
10.4 If you are not at home when the Good is delivered. If no one is available at your address to take delivery, we will contact you informing you of how to rearrange delivery or collect the Goods from a delivery depot but a redelivery shall be subject to additional fee.
10.5 If you do not re-arrange delivery. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local 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 by notifying you in writing.
10.6 Your legal rights if we deliver late. You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the Contract as at an end straight away if any of the following apply:
10.6.1 we have refused to deliver the Goods;
10.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under condition 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
10.8 Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under condition 10.6 or condition 10.7, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01423 541279 or email us at [email protected] for a return label. Please see our Returns Policy http://wslingsby.co.uk/deliveryreturns for our returns address.
10.9 When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver the Goods to the address you gave us or you (or a carrier organised by you) collect it from us.
10.10 When you own the Goods. You own the Goods once we have received payment in full, including all applicable delivery charges.
The basis and terms on which you may return Goods to us is as set out in our Returns Policy. http://wslingsby.co.uk/deliveryreturns
12. YOUR RIGHTS TO END THE CONTRACT
12.1 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 and when you decide to end the Contract:
12.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods replaced or to get some or all of your money back), see condition 14;
12.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see condition 12.2;
12.1.3 If you have just changed your mind about the Goods, see condition 12.3. 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.
12.2 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 conditions 12.2.1 to 12.2.4 below the Contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:
12.2.1 we have told you about an upcoming change to the Goods or these Terms which you do not agree to;
12.2.2 we have told you about an error in the price or description of the Goods that you have ordered and you do not wish to proceed;
12.2.3 there is a risk that supply of the Goods may be delayed by more than [14 days] because of events outside our control; or
12.2.4 you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see condition 10.6)).
12.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days of receiving the goods and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
12.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (e.g. sealed alcoholic goods).
12.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the Goods, unless:
12.5.1 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 to change your mind about the Goods.
12.5.2 Your Goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.
13. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
13.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
13.1.1 Phone or email. Call customer services on 01423 541279 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.1.2 Online. Complete and send us the form [Note: Insert hyperlink to online form] on our site.
13.2 Returning Goods after ending the Contract. If you end the Contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must either return the Goods in person to where you bought them or post them back to us [or allow us to collect them from you]. [Please call customer services on 01423 541279 or email us at [email protected] for a return label. [Please see our Returns Policy http://wslingsby.co.uk/deliveryreturns for our returns address. [Note: Please confirm how and to where consumers can return Goods.]
13.3 When we will pay the costs of return. We will pay the costs of return:
13.3.1 if the Goods are faulty or misdescribed; or
13.3.2 if you are ending the Contract because we have told you of an upcoming change to the Goods 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 exercising your right to change your mind) you must pay the costs of return.
13.4 How we will refund you. We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.5 Deductions from refunds. If you are exercising your right to change your mind:
13.5.1 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.
13.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
13.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
13.6.1 If we have not offered to collect the Goods, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see condition 13.2.
13.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14. IF THERE IS A PROBLEM WITH THE GOODS
14.1 How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at 01423 541279 or write to us at [email protected] OR Spirit of Harrogate Ltd, 5 – 7 Montpellier Parade, Harrogate, HG1 2TJ
14.2 Summary of your legal rights. We are under a legal duty to supply Goods that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that within 14 days of receiving your Goods, in most cases, you can change your mind and get a full refund.
The Consumer RightsAct 2015 says that Goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product you’re entitled to the following:
· Up to 30 days: if your item is faulty, then you can get a refund.
· Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
The information in this summary box summarises your key rights. It is not intended to replace these Terms which you should read carefully.
14.3 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must return the rejected Goods in accordance with conditions 13.2 and 13.4.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 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.
15.2 We are not liable for business losses. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer you may contact us to end the Contract within seven days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
16.2 You need our consent to transfer your rights to someone else [(except that you can always transfer our guarantee)]. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
16.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the conditions 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.
16.5 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.
16.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.