1. OUR CONTRACT WITH YOU
1.1 Our contract: These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
1.2 Entire agreement: The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2. PLACING AN ORDER AND ITS ACCEPTANCE
2.1 Placing your order: Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
2.2 Correcting input errors: Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.3 Acknowledging receipt of your order: After you place an order, you will receive an email from us acknowledging that we have received it, but 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 2.4.
2.4 Accepting your order: We will confirm our acceptance to you by sending you an email that confirms that your order has been accepted, at which point the Contract between you and us will come into existence. Our third-party courier, DHL, will then send you an email when the Goods are ready to be dispatched and another email to confirm the date of delivery of the Goods.
2.5 If we cannot accept your order: If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3. OUR GOODS
3.1 The images of the Goods on our site are for illustrative purposes only.
3.2 The packaging of your Goods may vary from that shown on images on our site.
3.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
4. TIMING AND CHARGES
4.1 Our online shop can only deliver to such addresses, as specified to us by the third-party courier we use (DHL).
4.2 The prices of the Goods will be as quoted on our site at the time you submit your order.
4.3 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
4.4 The price of the Goods does not include delivery charges. Charges for delivery vary according to the postcode zone of the delivery address as specified by our third-party courier, DHL (the DHL postcode zones are set out here). For postcodes in Zones A&B, a £4.99 shipping charge applies for orders under £50. There is free delivery on all orders over £50. For postcodes in Zones C&D, there is a £10.00 shipping charge for all orders. Please contact our Customer Service Team on 01531 660100 for any further questions.
4.6 Orders received on weekdays will normally be processed within 3-5 working days, between 9am and 5pm, Monday to Friday. During busier periods (Easter and Christmas) please allow between 5-7 working days for delivery.
4.7 Orders received during a weekend, a Bank Holiday or a Public Holiday will not be processed until the following working day.
5. DELIVERY, TRANSFER OF RISK AND TITLE
5.1 We request that you provide us with your mobile number at checkout and you will receive a text message on the day of delivery to advise of a 2-hour window when your order will be delivered. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 9 (Events outside our control) for our responsibilities when this happens.
5.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
5.3 If you are not in when delivery is made, a card will be left with details of where to collect your order from or how to arrange re-delivery (where this is possible). Please note that if you do not act promptly to collect your order or arrange for re-delivery, the contents of your order will be returned to us and a full refund will be issued to your account.
5.4 You can nominate a safe place where your order can be left (e.g. with a neighbour or in the shed). No orders will be left at the delivery address unless we have your specific instructions to do so. Please note, if you instruct us to leave your order at the delivery address unattended, this is entirely at your own risk.
5.5 You own the Goods once we have received payment in full, including of all applicable delivery charges.
5.5 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, a breach from you to clause 5.6, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.6 All orders consisting entirely or partly of goods containing alcohol require a signature from an adult who is over the age of 18. We will not deliver alcoholic products to anyone under the age of 18.
6.1 If you change your mind: You have 14 days to cancel your order if you change your mind starting from the day that you (or someone you nominate when you place your order) receive your order, provided you have not opened or used the Goods and they are in a re-saleable condition (except in respect of clothing items where you have opened the packaging to check sizing and in such circumstances the original labels must remain attached). To cancel your order, please contact us by email at [email protected] We may refuse the return or only offer credit for a future purchase if our returns criteria are not complied with in full.
6.2 Returning products after cancelling your order: Once you have notified us that you wish to cancel your order, you must return the Goods to us promptly, and postage will be at your own cost unless cancellation is due to our default/negligence. We recommend you obtain proof of posting. You must either post the products back to us at H Weston & Sons Ltd, The Bounds, Much Marcle, Ledbury, Herefordshire HR8 2NQ, or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01531 660 100 or email us at [email protected]for a return label or to arrange collection. Provided our returns criteria are met, we will refund the full cost of your order by the same method as your original payment.
6.3 Returning faulty products: If you receive faulty or unsatisfactory Goods, you must log a complaint as soon as possible, in any event within 6 months of delivery, by calling or emailing customer services (see above for contact details). Once we have acknowledged and accepted your complaint, we will offer you either a refund or replacement Goods, and we will provide instructions about what to do with your faulty Goods. We will cover your reasonable costs of returning the Goods to us (if applicable) or we will arrange to collect it from you. Any replacement Goods are supplied at no additional cost to you.
7.1 Buying vouchers: You can buy gift vouchers to join a tour of our site through our website. Vouchers ordered online will be sent by email or post to the recipient, whichever method is selected at checkout. Please note that tour vouchers must be sent via post to recipients. Vouchers are normally dispatched within 3 – 5 days, except where they are sent via email when delivery occurs within one hour of purchase.
7.2 Redeeming tour vouchers: Each tour voucher clearly states what the recipient is entitled to and they must be used within 12 months of the date of purchase. All tours take place on our site in Much Marcle. Please contact us via email at [email protected] to find out about tour availability and book onto a specific tour. If you are unable to attend your booked tour, you must contact us at least 48 hours before the tour is due to take place to find an alternative date. If you fail to give us the required notice, we cannot guarantee that we will be able to secure an alternative date in which case you may have to forfeit your voucher.
7.3 Validity of vouchers: All vouchers clearly state their value. Please check the details immediately on receipt and notify us of any discrepancies via email at [email protected] We will not be responsible for and we will not replace any lost, stolen or damaged vouchers following delivery to the recipient. Vouchers which are defaced, altered or cancelled will not be accepted by us. Vouchers cannot be exchanged for cash and cash refunds are not available for products purchased with gift vouchers. The re-sale of vouchers sold on our website is strictly prohibited.
8. oUR LIABILITY
8.1 References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
8.2 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
8.3 Subject to clause 8.2, we will under no circumstances be liable to you for any indirect or consequential loss.
8.4 Subject to clauses 8.2 and 8.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.1 Assignment and transfer: We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
10.2 Variation: Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
10.3 Waiver: If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
10.4 Severance: Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 Third party rights: The Contract is between you and us. No other person has any rights to enforce any of its terms.
10.6 Governing law and jurisdiction: This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
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