These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. About us
1.1 We operate the website www.harrowandhope.com . We are Harrow and Hope Ltd, a company registered in England and Wales under company number 4718208 and with our registered office at Marlow Winery, Pump Lane North, Marlow, SL7 3RD. Our VAT number is GB 823234750.
1.2 Contacting us
a) You can contact us by e-mail at firstname.lastname@example.org by post to Marlow Winery, Pump Lane North, Marlow, SL7 3RD or telephone on 01628481091.
b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Age restrictions
3.1 It is against the law 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 or attempt to buy intoxicating liquor for any person under the age of 18. We are committed to upholding our legal and social obligations as a retailer of intoxicating liquor. By placing an order you confirm that you and the recipient of the wine are at least 18 years old.
3.2 If our couriers are in doubt of the age of the recipient of an order they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the wine.
4. Fraud and Crime Prevention
4.1 For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
5. How the Contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
5.2 After you place an order, you will receive an e-mail 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 clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to accept your order, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance 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 the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your right of return and refund
7.1 If you buy any of our wines and it is faulty please see our policy at clause 8 below.
7.2 You have a legal right to cancel a Contract during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product or Products (which are not delivered in instalments or on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
c) To cancel a Contract, you just need to let us know that you have decided to cancel. To do this you can e-mail us at email@example.com, telephone on 01628481091 or contact us by post to Marlow Winery, Pump Lane North, Marlow, SL7 3RD. If you are emailing us or writing to us please include details of your order to help us to identify it.
7.4 If you cancel your Contract we will:
a) refund you the price you paid for the Products.
b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after 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 7.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, and (if applicable) any reasonable costs you incur in returning the item to us.
7.6 We will refund you on the credit card or debit card used by you to pay.
7.7 If a Product has been delivered to you before you decide to cancel your Contract:
a) then you must return it 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.
8. Faulty, Unsatisfactory or Misdescribed Products
8.1 We are happy to replace or refund any bottles of wine which are faulty, unsatisfactory or have been mis-described subject to the following conditions:
8.2 provided the wine is still within the recommended drink date and has been stored in suitable conditions. We reserve the right to ask you to provide evidence of the fault and/or to collect the faulty bottle for inspection (at our cost).
8.3 You have legal rights in respect of any of our Products which are faulty or not of satisfactory quality or misdescribed You have certain legal remedies if we breach these rights. For more information about your legal rights, please contact your local Citizens Advice Service or Trading Standards Service.
We deliver throughout the UK except for the Channel Islands and BFPO addresses.
9.1 Our deliveries are made by third party carriers. Some standard deliveries do not require a signature. If you are out, the delivery driver may be able to leave your order for you in accordance with the instructions that you gave us when you placed your order. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.
9.2 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.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 If we fail to deliver the wine within the default delivery period of 30 days or on the date that has been agreed then you may cancel you order and get a full refund.
9.5 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10. Price of products and delivery charges
10.1 All prices are quoted in pounds sterling, and may be per bottle or per case, as marked. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.2 for what happens if we discover an error in the prices of the Product(s) you ordered.
10.2 Although we endeavour to ensure that all pricing information on our site is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.
10.3 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11. Our liability if you are a consumer
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid.
13. Other important terms
13.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
To comply with licensing and other legislation, our website, is only available to those aged 18 years and over. By using the Site you agree that you are aged 18 or over. If you are not, you must not use the Site.
You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Site.
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.
Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including the Harrow and Hope trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, crawling, framing reproduction, recording, duplication, transmission re-posting, posting , distribute, broadcasting or displaying of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited. You may not use the content of the Sites for any commercial purposes whatsoever.
Permission is granted to electronically copy, and to print in hard copy, portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource.
Last updated 17/11/2015