DRYHILL WINE LTD TERMS AND CONDITIONS OF SALE

Dryhilll Wine Ltd is a family owned vineyard located on the scenic side of the Cotswold escarpment. We always strive to deliver our goods and services to you with a unique personal touch. We are required by law to describe to you how we operate and as such please see below for our terms and conditions. As always, should you have any queries in relation to the below, please do not hesitate to contact us.

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information and should be read in conjunction with the privacy policy and cookies policy for the website, which tell you how we collect and use personal data you provide to us or which we collect. If you think that there is a mistake in these terms, please contact us to discuss. By accessing or using the website you confirm you have read, understood and agree to be legally bound by these terms and by our privacy policy and cookies policy in their entirety each time you access the website. If you do not agree to these terms and/or the privacy policy and cookies policy, please do not use the website. 2.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Dryhill Wine Ltd, a company registered in England and Wales. Our company registration number is 10137928 and our registered office is at Dryhill Farm, Ullenwood, Cheltenham, England GL53 9QR.

2.2 How to contact us. You can contact us by telephoning our customer service team at +44(0) 788 754 6655 or by writing to us at: nigel@dryhill.co.uk or at Dryhill Farm, Ullenwood, Cheltenham, England GL53 9QR.

2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 Products. We will not sell alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this. The products will be your responsibility from the point of order (including delivery), even if delivery is made to another member of your household who did not order the products. If your order is a gift and contains alcohol, the recipient must also be aged 18 years or older. An adult over the age of 18 may be required to sign for delivery. We reserve the right not to accept any order and all products are offered subject to availability.

3.2 How we will accept your order. Our acceptance of your order will take place only when we provide you with an email confirmation, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product or refund you the sums as necessary. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

3.4 Your order number. We will assign you with an order number when we accept your order.

3.5 We predominantly sell to the UK. Our website is solely for the promotion of our products in the UK. However, we may accept orders from and deliver to addresses outside the UK. If we do so, such orders will be subject to these terms and conditions.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour or print of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight tolerance.

4.2 Product packaging may vary. The packaging of the products may vary from that shown in images on our website.

4.3 Consumption and storage. Alcohol is best enjoyed in moderation and you must drink responsibly. You accept sole responsibility for the use of the products and we strongly recommend that the products are stored safely in a dry, cool place upon receipt. We will not be liable for any damage caused by your mishandling or misuse of the products.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to your order please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We reserve the right to change the product to reflect changes in relevant laws and regulatory requirements.

6.2 More significant changes to the products and these terms. In addition, we may make further changes to the product as we deem fit, but if we do so we will notify you. We reserve the right to change or amend these terms and conditions at any time, without notice.

6.3 Our right to recall the products. We may issue a notice to recall or withdraw the products from the market:

6.3.1 if the supply or use of the products infringes, or may infringe, a third party's intellectual property rights;

6.3.2 if the products are, or may be, unsafe;

6.3.3 if the products are, may be, or may become illegal or non-compliant with any law, regulation or government agency or industry standard;

6.3.4 if a defect in the product may cause harm to the our reputation or brand; or

6.3.5 on any other reasonable ground.

In such circumstances, we will alert you as soon as possible by email and will arrange for suitable replacements to be delivered to you which are as similar as possible to the specification of the original products which you ordered.

7. PROVIDING THE PRODUCTS AND DELIVERY

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website. Although we mainly deliver products in the UK, we may accept orders from and deliver to addresses outside the UK, however if we do, additional delivery charges will apply.

7.2 When we will deliver the products. We will aim to deliver the products as soon as reasonably possible once your order has been placed. However, delays in delivery and non-delivery are possible and delivery times may differ during busy periods of the year, for example during the festive season, taking into account restrictions on delivery and courier services. If you have a problem with delivery, please email us as soon as possible at nigel@dryhill.co.uk together with your order number, and we will try to adhere to your desired timescale.

7.3 Acceptance of delivery. Deliveries should be signed for by a person of 18 years or older (where possible and practical). Subject to clause 3.1, if our third party delivery provider is in any doubt about the age of the recipient on delivery, they may request ID. We reserve the right to cancel the delivery if the age and identity of the recipient is in doubt and we accept no responsibility for the same.

7.4 Stock availability. Delivery times may be affected if there are stock availability problems or other unforeseen circumstances. Please note any availability shown for each product online may not be ‘real-time’ and on rare occasions items do run out-of-stock.

7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (“Intervening Event”) 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 any delays caused by the Intervening Event, or liable for any damages or losses you sustain in connection with the Intervening Event, but if there is a risk of substantial delay you may contact us to order an alternative product or to end the contract and receive a refund for any products you have paid for but not received. For the purposes of this clause, an Intervening Event outside our control includes, but is not limited to: fire; explosion; storm; flood; earthquake; subsidence; epidemic or pandemic including, but not limited to COVID-19, or other communicable or contagious disease, and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body); natural disaster; strikes or industrial action by third parties; government action or restrictions; terrorist attack or threat of such attack; war (whether declared or not) or warlike operations; alcohol prohibition or other similar restriction; civil commotion, riot, invasion; or failure of public or private power, sewerage or telecommunications conducting media or hardware or software.

7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, our third party delivery provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.7 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, delivery address, telephone number, email address or other contact information. If not received at the time of your order, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.9.1 deal with technical problems or make minor technical changes; or

7.9.2 update the product to reflect changes in relevant laws and regulatory requirements;

7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you if we will be suspending supply of a product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it and we will refund any sums you have paid in advance for the product.

7.11 Breakages and damage in transit. We will use our reasonable endeavours to ensure that the products are delivered to you in a satisfactory condition. We use dedicated packaging which is specially designed and approved by our delivery supplier to hold and protect fragile glass goods whilst in transit. However upon receipt of your order, we recommend that you carefully inspect the order to ensure that it is intact and that the products are ‘as ordered’. It is your responsibility to report any breakages or shortages of products to us within 24 hours of delivery. Should you fail to notify us of any damage to the products within this timescale you will be deemed to have accepted the products in whatever condition they were delivered in.

8. YOUR RIGHTS TO CANCEL THE CONTRACT

8.1 Replacement products. If for any reason you are not happy with your product please contact us within 7 days of purchasing them and we will endeavour to replace them for you, provided that the products have not been mistreated or damaged in any way.

8.2 Faulty items. If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product replaced or to get some or all of your money back. The Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. If the products are faulty or misdescribed, we will offer you a refund.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund (known as the “Cooling-off Period”) in accordance with clause 9 below, provided that the products have not been mistreated or damaged in any way. However, if we have already delivered the products, you will have to pay the costs of return of any products.

9. HOW TO CANCEL THE CONTRACT WITH US

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Phone or email. Contact us by telephone on +44(0) 788 754 6655 or by email at: nigel@dryhill.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 Returning products after ending the contract. If you cancel the contract for any reason after the products have been dispatched to you, or you have already received them, you must return them to us in safe, secure and sealed packaging, which is sufficient enough to hold and protect the products during transit back to us. You must either post them back to us at Dryhill Farm, Ullenwood, Cheltenham, England GL53 9QR or allow us to collect them from you. If exercising your right to cancel, you must send off the products within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will only pay the costs of return if the products are faulty or misdescribed. In all other circumstances you must pay the costs of return.

9.4 How we will refund you. We will refund you the price you paid for the products (excluding delivery), by the method you used for payment. We will only refund the products if they remain unopened and undamaged.

9.5 When your refund will be made. Your refund will be made within 30 days of you telling us you have cancelled your order.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name, delivery address, telephone number, email address or other contact information.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at +44(0) 788 754 6655 or by writing to us at: nigel@dryhill.co.uk or at Dryhill Farm, Ullenwood, Cheltenham, England GL53 9QR.

11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We may at our discretion request photographic evidence of the current state of the products at the time of postage or collection. We will not pay for the costs of any postage.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product will be the price indicated on the website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. All prices include VAT (where applicable) at the current rates.

12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.3 When you must pay and how you must pay. We accept payment with most major debit and credit cards including Visa, MasterCard, American Express and we also accept Apple Pay, Google Pay and PayPal.

12.3.1 You must pay for the products in full before we dispatch them and your credit or debit card will be charged as soon as you place your order. An order receipt will be sent to your email upon confirmation of payment.

12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 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.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any:

13.3.1 loss of anticipated profits and/or damage to goodwill;

13.3.2 pure economic and/or other similar losses;

13.3.3 special damages;

13.3.4 aggravated, punitive and/or exemplary damages;

13.3.5 consequential losses and/or indirect losses;

13.3.6 loss and/or corruption of data; and/or

13.3.7 business interruption, wasted overheads, loss of business, loss of contracts and/or loss of opportunity whatsoever.

13.4 No waiver shall constitute a waiver of any other terms.

13.5 Liability Cap. Without prejudice to clause 13.2 above, our total liability arising under or in connection with this contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the price paid or payable for the products.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy and our cookies policy, which are available and can be accessed on our website at: https://www.dryhillwine.co.uk.

15. OTHER IMPORTANT TERMS

15.1 Copyright and intellectual property. All material, images, designs, graphics, texts and logos contained on our website are our intellectual copy and cannot be used without our express permission. The intellectual property rights in all software, products and content (including photographic images) made available to you on or through our website remains the property of us and are protected by applicable UK copyright and intellectual property laws and other intellectual property laws around the world. All such rights are reserved by us. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website nor may you use any such content in connection with any business or commercial enterprise.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.

15.5 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.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with by English and Welsh law and you can bring legal proceedings in respect of the products in either the English or the Welsh courts, who shall have exclusive jurisdiction in the event of any dispute.

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