Terms of service

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least the legal age to purchase alcohol in your country to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least the legal age to purchase alcohol in your country.

 

2. Ordering

Orders may be filled and placed by clicking the “Checkout” button. In doing this you are making an offer to buy from us within our terms. We will respond with an email confirmation of the order once your payment has been received. This confirmation email will be sent by an automated server and may go to your junk folder. If it does please make sure our domain is white-listed so that you receive any other communications about your order as quickly as possible. When ordering with Hay Wines, products and vintages are subject to availability and if, for some reason, a product is out of stock we will inform you by e-mail or telephone as to its time of availability or a suitable alternative. If the vintage shown is currently unavailable it may be replaced with another vintage.

 

3. Payments

We accept credit/debit card payments via our secure payment provider PayPal. Back ordered items are not charged until they are shipped. You may also send your credit/debit card information via phone, mail.

 

4. Returns

You may return or exchange products, subject to the “Cancellations” section below, within 7 days of receipt of the goods. If you wish to return your order due to an error on our behalf, we are happy to collect or get our courier to collect from the delivery address stated on the invoice, providing the parcel is securely packed in the same way as it was sent out. If you wish to return the parcel yourself please feel free to do so. Once the parcel has returned to us we will refund you the full amount. Please note that refunds may take up to 7 working days to appear in your account.

 

5. Breakages

All goods should be examined upon receipt, and any claim for loss or breakage notified by email or telephone to Hay Wines immediately. In the case of goods delivered by couriers, unless any claim is made within 24 hours, no compensation, refund or other credit will be available. In the case of damaged goods, Hay Wines reserves the right to collect these.

 

6. Refunds

On cancellation or return of products, we will make a refund to you of the full value of the payment made to us, excluding PayPal fees and delivery charges, where applicable. A refund of the original delivery charge will be given (if applicable) in the instance of incorrect, damaged or faulty goods or if your order is cancelled within 7 working days from the day after which you have received the goods.

 

7. Contract

At the point at which your payment is received by us a legally binding contract will exist between you and Hay Wines, but we reserve the right to refuse or amend any order up to the point of dispatch (for wines for delivery), and you have the right of cancellation as set out below. In registering on the site or placing any order for alcohol you confirm that you are over 18. No contract shall exist between us and anyone under 18 who attempts to order or to take delivery of alcohol. If our drivers are in any doubt about this they are instructed not to leave the goods and the sale will be cancelled.

 

8. Cancellations

Goods being cancelled must be done so within 7 working days, beginning the day after receipt of the goods. To cancel your order you must notify us in writing (by letter or email). Hay Wines will refund any monies within 30 days of cancellation. This does not affect your statutory rights as a consumer.

 

9. Cooling off period

Goods may be returned, for any reason, within 7 working days. We can be notified of any returning goods by phoning 01531 634449 and emailing ledburyshop@haywines.co.uk. A full refund will be made within 30 days of cancellation (Hay Wines reserves the right to request that the customer meets the cost of returning the goods). This does not affect you statutory rights as a consumer.

 

10. Online Offers

We are always seeking to offer value to our customers. As a result we may offer online discounts or other savings on products compared to the prices in our stores. These discounted prices are for online sales only and are not available in our stores. We reserve the right to remove any sale items or offers at any time. We reserve the right to terminate discount codes at any time.

 

11. Disclaimer

By using this site you accept that the terms and conditions and use the site at your own risk. We have taken every effort to ensure that the information on our site is correct. However, should there be any inaccurate or out of date information Hay Wines apologises for any inconvenience caused but takes no responsibility. We trust that your wine will reach you in perfect condition and service and quality is very important to Hay Wines. Wine is an agricultural product and from time to time faults will occur, if you experience any problems with regard to the products purchased then please contact ledburyshop@haywines.co.uk.

 

12. Copyright notice

12.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

13. Permission to use website

13.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website using the media player on our website; and

(e) use our website services by means of a web browser. subject to the other provisions of these terms and conditions.

13.2 Except as expressly permitted by Section 13.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

13.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

13.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

13.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

13.6 Notwithstanding Section 13.5, you may redistribute our newsletter in print and electronic form to any person.

13.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

 

14. Misuse of website

14.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

14.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

14.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

15. Products

15.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

15.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

15.3 Prices stated on our website may be stated incorrectly.

15.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

15.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 19 and Section 20.

 

16. Registration and accounts

16.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

16.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

16.3 You must not allow any other person to use your account to access the website.

16.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

16.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

 

17. User login details

17.1 If you register for an account with our website, you will be asked to choose a password.

17.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.

17.3 You must keep your password confidential.

17.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

17.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

18. Cancellation and suspension of account

18.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details, at any time in our sole discretion with or without notice to you.

18.2 We may cancel an account if it remains unused for a continuous period at our discretion.

18.3 You may cancel your account by contacting us at info@haywines.co.uk

 

19. Our rights to use your content

19.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website and any successor website.

19.3 You grant to us the right to sub-license the rights licensed under Section 19.2.

19.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.

19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

20. Rules about your content

20.1 You warrant and represent that your content will comply with these terms and conditions.

20.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

 

21. Report abuse

21.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

21.2 You can let us know about any such material or activity by email or using our abuse reporting form.

 

22. Limited warranties

22.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

22.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

23. Limitations and exclusions of liability

23.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:

(a) are subject to Section 23.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

23.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

23.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

24. Breaches of these terms and conditions

24.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

24.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

25. Third party websites

25.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

25.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

26. Trade marks

26.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

26.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

27. Variation

27.1 We may revise these terms and conditions from time to time.

27.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

27.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

28. Assignment

28.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

28.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

29. Severability

29.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

29.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

30. Third party rights

30.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

30.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

31. Entire agreement

31.1 Subject to Section 23.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

32. Law and jurisdiction

32.1 These terms and conditions shall be governed by and construed in accordance with English law.

32.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

33. Statutory and regulatory disclosures

33.1 Our VAT number is GB 976515972.

 

34. Our details

34.1 This website is owned and operated by Hay Wines Limited.

34.2 We are registered in England and Wales under registration number 06995297, and our registered office is at Hay Wines Limited, 11 High Street, Ledbury, Herefordshire, HR8 1DS.

34.3 Our principal place of business is at Hay Wines Limited, 11 High Street, Ledbury, Herefordshire, HR8 1DS.

34.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website; or

(d) by email, using the email address published on our website.