ChapelDown

Terms and Conditions of Business and Use

Last updated August 2010

If you want to buy from our web site you can only do so on the following terms and conditions, and by placing your order through the web site you are agreeing to be bound by them. A copy will be appended to a confirmation email, which will be automatically generated and forwarded to you when you buy from our site. We reserve the right to amend these terms and conditions as and when necessary.

1
Our Commitment is your guarantee

1.1
Quality - If you buy any of our wine and you don't like a bottle, we will credit your account for the full amount for that particular bottle. If you have bought a case of a particular wine, then we will refund the whole case, including delivery, as soon as we have collected the rest of the wine from you, provided, of course, you have only opened ONE bottle from a case.

1.2
Price guarantee - We guarantee great value. That means that if you buy wine from us and then find the same wine for sale in the UK at a cheaper price within 14 days (but not on promotion, special offer or in a sale or on promotion in our Wine and Fine Food Store) we will refund the difference.

1.3
Delivery - Delivery is £8 for up to 12 bottles and a further £4.00 for every case thereafter for most locations in the UK mainland. Please call for a price for delivery to anywhere else in the UK including the Scottish Highlands and Islands, Northern Ireland, The Isle of Man, The Scilly Isles and the Channel Islands. (Postcodes: AB, BT, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TR, ZE).

Our Couriers (City Link) normally deliver Monday to Friday, between 9am and 5pm. If you are not there and have not completed the 'if out' instructions box when placing your order the driver will leave a card for you.
We offer a 3-5 day delivery service from the date the order has been processed and dispatched (excluding weekends).

1.4
Availability - Wine is an agricultural product and runs out from time to time. If any wines are unavailable, we will notify you before we take any payment and despatch your order.

1.5
Claiming under our customer promise
If you need to claim under our customer promise, then please notify us by email on sales@chapeldown.com

1.6
Customer satisfaction - if you are dissatisfied with our performance in any way, please email our sales department immediately. At Chapel Down Group PLC, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours of receipt of your email (excluding weekends). We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved. We are continually improving our service, but if you have any particular ideas or suggestions about how we can improve, please send them to: sales@chapeldown.com

2
Prices and payment

2.1
All prices are quoted in pounds sterling. The prices include Value Added Tax, unless otherwise specified. Any delivery charges are additional and will be added to your bill before you confirm your order.

2.2
We accept payment by Switch, Visa, Delta, MasterCard, Electron, Solo, Maestro, American Express and Cheque (made payable English Wines plc. Please note our website does not accept cheques as a method of payment, however you are able to pay by cheque if ordering in writing or by telephone).

3
Age restriction

3.1
We won't sell wine to anyone who isn't 18 years old or over. By placing an order you confirm that you are at least 18 years old.

3.2
If you are buying a case of wine as a gift - the recipient must also be over 18 years old.

3.3
If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the wine is unable to produce appropriate ID, unfortunately our couriers will be unable to leave the wine.

3.4
Once the wine has been delivered, according to your original delivery instructions, it becomes the recipient's responsibility. This does not affect your right to a replacement case if it is stolen as set out in our delivery promise (7.2).

4
Security

4.1
If you are nervous about shopping on the web, we provide the option for you to pay by cheque when ordering by telephone or in writing. If you choose to pay by this method, please be aware that we cannot deliver your wine until we have received your payment and it has cleared through the banking system. As a guide, it will take at least 7 days for your wine to arrive using this method.

We use a secure e.commerce server with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

4.2
It is your responsibility to protect your password from being disclosed to any third party.

5
Data Protection

5.1
By providing your details to Chapel Down Group Plc on our web site, you consent to Chapel Down Group plc maintaining, recording, holding and using the information you give Chapel Down Group Plc at the time of ordering to process your orders, to improve our service to you and inform you of promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.

5.2
Your personal details will only be passed to another company or third party where this is necessary for the purposes of processing your request. From time to time, Chapel Down Group Plc may email you details of products, unless you have informed Chapel Down Group Plc by email that you do not want your personal details to be used for this purpose. You can email us at sales@chapeldown.com with Unsubscribe in the subject line. Other than as stated in this policy, we will never wilfully disclose information about you to any third party without first receiving your permission.

5.3
If you opt-out from hearing from Chapel Down Group Plc or third parties, you will only be contacted by Chapel Down Group Plc if our terms and conditions change.

5.4
If you have any questions regarding our privacy policy, please email us at sales@chapeldown.com

6
Order Confirmation

6.1
When you place an order on the Chapel Down Group Plc web site using a credit card, you will automatically receive an email detailing the order you have placed, with a copy of our terms and conditions appended. Please be aware that this is NOT a confirmation of our accepting your order. You will receive a second email from sales@chapeldown.com confirming that your order has been completed and paid for. A contract will only exist when this email has been generated. This allows us to carry out an off-line check to confirm, where possible the authorised use of your credit card and to confirm stock availability before recording the transaction with your card centre. You should recieve this second confirmation email within 48 hours of placing your order (excluding weekends). You should receive a third email stating that your order has been shipped and will be delivered by our courier within 3/5 working days.

7
Cancellations

7.1
You may cancel your order for any reason whatsoever within 7 working days from the date you receive your wine, provided all of the bottles are unopened and intact.

7.2
You must notify us by email on sales@chapeldown.com.

7.3
We shall reimburse the price of the wine within 30 days from the date you notify us of the cancellation once the wine has been collected by our carrier, returned to our warehouse and inspected by us.

7.4
Unfortunately, we are unable to reimburse the delivery and collection charges when you have exercised your right to cancel your order.

8
Returns

8.1
If some or all of the bottles of wine in a case are broken or spoiled when they are delivered you should notify our sales office by email or telephone within 24hrs and we will replace any damaged wine or refund you the cost.

8.2
You should ensure that all bottles are carefully inspected on delivery, as we will not consider any claims for breakages of our wines unless the breakage is stated on the delivery documentation.

8.3
Nothing in this clause shall affect your statutory rights as a consumer. You can email us on sales@chapeldown.com

9
Intellectual Property Rights

9.1
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site, and to the business of Chapel Down Group Plc, including the software, the structure, design and layout of the web site, the styles of the wines.

9.2
You are entitled to use our web site in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our web site or any part of it in any other manner.

9.3
All persons, individual and corporate, are prohibited from providing hypertext or other links to the englishwinesgroup.com web site, other than to our home page, from their own web site or from a third party's web site, without our prior written consent.

10
Warranties

10.1
We warrant that the wines will be of satisfactory quality and fit for their general purpose. Given the distinct nature of wine, do remember that their maturation is a variable process and some wines may no longer be at their peak at their time of consumption. Should this be the case, it will not amount to a breach of warranty.

10.2
Other than as stated elsewhere in these terms and conditions, all warranties, conditions, terms and undertakings, expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the goods and services provided by us hereunder are hereby excluded to the fullest extent permitted by law. Nothing in this Agreement shall affect your statutory rights as a consumer.

11
Limitation of liability

11.1
Except in the case of death or personal injury due to negligence or fraudulent misrepresentation for which no limit shall apply the limitation of our liability to you for direct loss or other loss within the reasonable contemplation of the parties at the time of your order will be limited to £2,500 in respect of any one event or series of connected events.

11.2
Save as provided in clause 8.1, we shall not be responsible to you for any indirect consequential or economic or special loss or damage whatsoever or for any loss of business, loss of contracts, loss of profits or use, any deletion, corruption, destruction or loss or removal of data, loss of goodwill or loss of reputation or any financial loss.

12 General

12.1
We shall not be liable for any delay in or for failure to perform obligations if that delay or failure is caused by circumstances beyond our control such as, but without limitation, any strike, lock-out or other form of industrial action, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or Act of God, difficulty or increased expense in obtaining staff, materials, goods or raw materials, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

12.2
This Agreement does not confer or purport to confer on any third party any benefit or any right to enforce any term of this Agreement.

12.3
We reserve the right to modify these terms and conditions at any time and in any way.

12.4
The sale of the goods takes place only when specific goods are appropriated to the contract.

12.5
These terms and conditions shall be subject to English law and the exclusive jurisdiction of the Courts of England and Wales. Here are our details should you want to contact us:

Chapel Down Group Plc
The Chapel Down Winery
Tenterden Vineyard
Small Hythe
Tenterden
Kent
TN30 7NG
Tel : 01580 763033
Fax: 01580 765333
email: sales@chapeldown.com

Foodies Festival Ticket Competition Terms and Conditions:

1. The Foodies Festival ticket competition will run from 15^th-19^th April 2013. One pair of tickets to the Foodies Festival in Brighton will be given away each day.
2. Entry to the competition is by following @Chapeldownwines and retweeting the hashtag #foodiesfesttickets by 5pm (BST) each day.
3. If the hashtag has not been used and the user is not following @Chapeldownwines, the entry will not be considered.
4. Each winner will receive one pair of adult day tickets to the Foodies Festival in Brighton for use on the 4^th, 5th or 6^th May 2013. For more information on the festival, visit http://www.foodiesfestival.com/.
5. All prizes are subject to availability and there will be no cash equivalent for any prize.
6. The daily winner will be picked at random. Judge’s decision on the daily winner is final. No further correspondence will be entered into.
7. All entrants must be UK mainland residents and aged 18 or over (photo proof of age will be required from the competition winner).
8. We reserve the right to exclude entries we suspect of being bulk or automated.
9. The promoter accepts no responsibility for entries not successfully completed due to a technical fault.
10. Competition closing date: 5pm (BST) each day between 15^th-19^thApril 2013. All entries must be received by this time.
11.  Prizes will be arranged directly with the winner and will be sent out by 30^th April 2013.
12. Employees of the promoter and their immediate families may not enter any competition: neither may the employees of any third party sponsors, prize providers or their immediate families.