Terms and Conditions
INTRODUCTION:
The following terms and conditions apply to the provision by Merry Tom Wines, Trading as Croxford Wine Estates limited (“we” or “us”) of the services (“Services”) and/or vineyard tours/events (“tours” or “events”) at The Vineyard – Brixworth Manor Vineyard, Northampton Road, Brixworth, Northampton NN6 9AA (“The Estate”) and all bookings made by the Customer.
1.0 DEFINITIONS
1.1 In these Terms and Conditions, the following words shall have the meaning set out next to them:
“Booking” means a booking for a visit to the vineyard and includes any tours and other Services;
“Contract” means the agreement between Croxford Wine Estates limited and you to fulfill a Booking or purchase of a Product;
“Customer” or “you” means any customer, firm, or company who makes or is making a Booking with Croxford Wine Estates limited or purchasing a Product from Croxford Wine Estates Limited;
”Group” means an organised group of 4 or more people;
“Product” means wine, food, beverages, experience, candles, glasses, or other products sold by Croxford Wine Estates Limited;
“Order” means the order of any product done via the website, email, phone or in-store.
“Writing” means letter or email
“Vineyard Kitchen” means the Tasting Room restaurant and on-site dining options run by Croxford Wine Estates Limited;
“Cellar Door” or “Tasting Room” means Cellar Door shop and Tasting Room where the tours and tastings are run by Croxford Wine Estates Limited.
1.2 These conditions and any matters referred to by us, form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent), or undertakings.
1.3 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, dispatch note, invoice, or other document issued by us may be corrected by us without liability. We will advise you of any changes at the time of making a Booking or purchasing a Product or as soon as is reasonably possible thereafter.
1.4 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under any Contract.
2.0 PURCHASES OF PRODUCTS
2.1 Any cancellations of food and beverage items within 48 hours of the event date are non-refundable.
2.2 Croxford Wine Estates limited cannot accept the return of any opened or used Products.
2.3 All Products can be collected from our Vineyard Shop Monday – Sunday, 9:00 – 17:00.
2.4 Delivery will normally take place within 3 working days of the date of the Acknowledgement of Order. Croxford Wine Estates Limited will make every reasonable effort to deliver the Product within 3 working days, and unless it is otherwise agreed in writing, the Customer shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Customer be entitled to claim damages or compensation. If Croxford Wine Estates Limited is unable to make delivery within 3 working days, we will contact the Customer and keep them updated accordingly.
2.5 Croxford Wine Estates Limited uses DPD for all deliveries. Croxford Wine Estates limited will deliver the Product to the United Kingdom (England, Scotland &; Wales, excluding Scottish Highlands and Islands). Delivery will be made to the address specified by the Customer at the time of placing the Order.
2.6 Croxford Wine Estates limited standard delivery charge is £8, unless stated otherwise in writing. Standard postage charge is £2 and delivered via Royal Mail, unless stated otherwise in writing.
2.7 If any payment under these terms and conditions is overdue, then without prejudice to our other rights and remedies we may cancel your Booking and/or we may suspend the supply and/or deliveries of any other Services being provided to you by Croxford Wine Estates Limited.
2.8 Tours from the Cellar Door will continue to run in the event of inclement weather unless it is deemed unsafe by Croxford Wine Estates Limited, in which case you will be offered a credit note. Croxford Wine Estates Limited reserves the right to postpone tours as required. We recommend that suitable outdoor activity clothing and footwear be worn. Payment for Tours is due at the time of booking.
2.9 No food or beverage items, other than those provided by Croxford Wine Estates and its partners, shall be consumed by you while at the Vineyard or Cellar Door unless prior written permission is received from Croxford Wine Estates Limited.
2.10 Croxford Wine Estates Limited has a strict alcohol policy as it is a criminal offence for anyone to sell alcohol to a person who is under the age of 18. There are no exceptions to this. Croxford Wine Estates limited has an age verification policy in place that requires all staff to check the ID of anyone appearing to be under the age of 25. It is essential that if there is any doubt about the customer’s age, ID will be asked for and checked thoroughly.
3.0 DELIVERY
3.1 The price of delivery shall be quoted on the quotation and the Acknowledgement of Order and shall be part of the total price quoted to the Customer, except where the Customer is placing an Order at Croxford Wine Estates Limited premises and has agreed to take the Products away at that time.
3.2 Croxford Wine Estates Limited will deliver the Product to the United Kingdom. Delivery will be made to the address specified by the Customer at the time of placing the Order. The Company reserves the right to make delivery in instalments. If Croxford Wine Estates Limited elects to dothis, there will only be a single delivery charge.
3.3 Delivery will normally take place within 3 working days of the date of the Acknowledgement of Order. Croxford Wine Estates Limited will make every reasonable effort to deliver the Product within 3 working days, and unless it is otherwise agreed in writing, the Customer shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Customer be entitled to claim damages or compensation. In the event that Croxford Wine Estates limited is unable to make delivery within 3 working days, we will contact the Customer and keep them updated accordingly.
3.4 If the Customer is not available at the time of delivery, Croxford Wine Estates Limited delivery agents will leave a card requesting the Customer to arrange a more convenient delivery time.
3.5 All Products must be signed for on delivery by an adult aged 18 years or over (please see clause 2.10 for further information). If no one of that age is at the address when the delivery is attempted, the Product may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery and will telephone to rearrange or will return later that day. In these circumstances, if Croxford WinE Estates limited has to re-deliver the goods, a further delivery charge may become due and payable by the Purchaser.
3.6 Croxford Wine Estates Limited reserves the right to use any method of transport for delivery, and the Product shall be at the risk of Croxford Wine Estates limited during transit.
3.7 A clear receipt for the Product shall be sufficient evidence that the Product has been delivered in good condition.
4.0 YOUR RESPONSIBILITIES
4.1 You shall be responsible for the orderly conduct of your Group. If your behaviour as a Customer or the behaviour of any member(s) of your Group is unacceptable to Croxford Wine Estates Limited in its absolute discretion, Croxford Wine Estates limited reserves the right to insist on the offending individual(s) immediate departure from Croxford Wine Estates Limited property without thereby incurring any liability.
4.2 You are responsible for the cost of any externally contracted services or activities and for ensuring that all necessary statutory obligations or requirements specified by Croxford Wine Estates Limited in respect of such services or activities are complied with. Croxford Wine Estates Limited reserves the right of prior approval of all such arrangements and its absolute discretion to refuse entry to the Premises to any contractor.
4.3 You are responsible for informing us of any dietary requirements or allergies you have when dining with us. For Sharing Boards, please inform us of your dietary requirements to a member of staff or via email to at least five days (5 days) before your event date. For Private Fine Dining, please inform us of your dietary requirements and allergies at least 30 days prior to your event date.
5.0 LIABILITY
5.1 Croxford Wine Estates Limited will ensure that the product you order from us are provided in accordance with these terms and conditions and shall be provided by us with reasonable skill and care.
5.2 Where an element of your Booking is not provided to the standard stated in clause 5.1 you must notify us within 28 days of the alleged breach. We shall then investigate the matter and if we have not delivered the services in accordance with clause 5.1 you shall be entitled to choose between: a full refund of the cost of your order (or, where appropriate, the relevant section of it) less any fees charged for changes requested by you.
5.3 You shall indemnify Croxford Wine Estates limited from and against any and all claims, proceedings, losses, liabilities, costs, damages and expenses suffered or incurred by Croxford Wine Estates Limited as a result of:
5.3.1 loss and/or damage to the property (including vehicles) of Croxford Wine Estates limited, its employees, agents, contractors or of other third parties caused by any act, omission or default ofthe Customers; and
5.3.2 personal injury to, including disease, or death of Croxford Wine Estates limited employees, agents, contractors or to/of other third parties caused by an act, omission or default of the Customers.
5.4 Save as otherwise excluded or limited by applicable law, Croxford Wine Estates limited total liability, whether in contract, tort, negligence, breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be limited to the Agreement price.
5.5 Croxford Wine Estates Limited accepts no liability, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, for any special, indirect or consequential loss or damage suffered or incurred by you or your Group including, without limitation, any economic loss or other loss of use, turnover, profits, revenue, business or goodwill or business interruption.
5.6 Croxford Wine Estates Limited accepts no responsibility or liability for any personal injuries or personal harm incurred at Croxford Wine Estates Limited Property across our premises. Customers use Croxford Wine Estates limited facilities and equipment at their own risk.
6.0 WRITTEN COMMUNICATION
6.1 When using our website you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. By using this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7.0 CHANGING THESE TERMS AND CONDITIONS
7.1 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the terms and conditions in force at the time that you make a Booking or purchase Products from us, unless any change is required to be made by law or if we notify you of the change to these terms and conditions before we confirm that your Booking or purchase has been successful.
8.0 RETURNS & CANCELLATION
Any return, refund or exchange requests, or questions concerning Croxford Wine Estates Products Limited , should be addressed via email to info@merrytom.co.uk.
Should a wine be faulty we can arrange collection of remaining bottles at no cost and will either replace, credit or provide a refund within 5 (five) business days upon receipt of remaining unopened bottles. This does not affect your statutory rights.
9.0 FORCE MAJEURE
9.1 Croxford Wine Estates Limited will not be liable for any failure or delay in providing facilities, services, food or beverages as a result of events or matters outside its reasonable control (including but not limited to fire, storm, explosion, flood, act of god, act of terrorism, action of any governmental agency, shortage of materials or goods, utilities shut down, strike or lockout).
9.2 If by any such circumstances set out in clause 9.1 or otherwise, Croxford Wine Estates limited is delayed, hindered or prevented from delivering all or part of the Product, Croxford Wine Estates limited will fairly apportion amongst all of its present contracted customers such of the Product then available to Croxford Wine Estates limited. Where Croxford Wine Estates limited obligations to supply have been suspended, the normal supply shall resume as soon as is reasonably possible after the removal of the cause. In the event that the cause continues for more than 2 months either party may terminate this Order on 5 working days’ notice.
10.0 SEVERABILITY
10.1 If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, void ability, un enforceability or unreasonableness, be deemed severable and the remaining provisions of this Order and the remainder of the provision shall continue in full force and effect.
11.0 THIRD-PARTY RIGHTS
11.1 Nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term or condition.
12.0 ENTIRE AGREEMENT
12.1 These Terms and Conditions constitute the entire understanding between the parties in respect of the subject matter and supersedes all prior representations, writings, negotiations or understandings and discussions between the parties relating to it.
13.0 LAW AND JURISDICTION
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
