Consumer Terms and Conditions of Sale
All orders are placed with Somerset Cider Brandy which is a business name of Somerset Cider Brandy Limited, Registered in England
These terms and conditions will apply to all sales of products made by the Somerset Cider Brandy Company to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
‘Goods’ means the products which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 12.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘We’ and ‘Us’ and related expressions mean the Somerset Cider Brandy Company as detailed above.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which are clearly personalised.
2. BASIS OF CONTRACT
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the order, the order shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. THE GOODS
3.1 We warrant that on delivery the goods shall:
3.1.1 comply in all material respects with their description on the order;
3.1.2 be of satisfactory quality;
3.1.3 be fit for purpose we say the goods are fit for or for any reasonable purpose for which you use the goods;
3.1.4 comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
3.1.5 Any breakages which occur in transit will be replaced by the Somerset Cider Brandy who must be notified on receipt of damaged goods and sent proof of breakage via a photo or by returning the damaged product (s).
3.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.2.1 The Somerset Cider Brandy Company reserve the right to refuse to sell products containing alcohol if they believe the customer to be under the legal age of drinking as stated in UK law of 18 years old.
3.3 This warranty does not apply to any defect in the goods arising from:
3.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;4.3.2 use of the goods in a way that we do not recommend;
4. PRICE AND PAYMENT
4.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
4.2 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
4.3 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
4.4 Payment of all goods must be made in advance.
5.1 The goods will be delivered to your delivery address specified on the order within 3 working days.
5.2.1 Delivery of the order shall be complete when we deliver the goods to you.
5.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
5.5 We may decline to deliver the goods if:
5.6 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
5.7 the premises (or access to them) are unsuitable for the delivery vehicles we use.
5.8 If you fail to take delivery of the order, then, except where this failure is caused by a failure by us to comply with these Terms:
5.9 we will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
5.9.1 we shall have no liability for late delivery.
5.9.2 Once received, please check all goods within 10 working days. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
6 Risk and Title
6.1 Ownership of the goods will only pass to you when payment has been received in full of all sums due for the goods, including delivery charges and the order has been delivered
6.2 Whilst ownership of the goods passes to you once full payment is made, the goods will be fully insured by us whilst in our storage awaiting delivery. Our insurance cover will cease on delivery of order in accordance with Clause 6.2.
7. WAIVER AND VARIATIONS
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
8. RETURN OF GOODS
8.1 Items may be returned to the Somerset Cider Brandy Company within 30 days of purchase and will be refunded in full with proof of purchase providing they are in the same condition as when they were purchased
8.2 The cost of returning the goods once delivered is at your own cost and risk;
8.3 We are not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service.
9. UNEXPECTED EVENT
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
9.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
9.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
10.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
10.2 If any of these Terms are unenforceable as drafted:
10.3 it will not affect the enforceability of any other of these Terms; and
10.4 if it would be enforceable if amended, it will be treated as so amended.
10.5 All notices sent by you to us must be sent to the Somerset Cider Brandy Company at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
10.6 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.