1. Introduction

    1. These terms and conditions apply to the use of our website (see Part A), the advertising of products and the creation of gift lists on our website (see Part B) and the purchase and delivery of our products (see Part C).
    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.
    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.
    4. We sell alcoholic drinks. It is an offence for any person under the age of 18 years old to buy, or attempt to buy, our products. It is also an offence for any person over the age of 18 to buy our products on behalf of any person under the age of 18.
    5. Accordingly, you must be at least 18 years of age to make a purchase on our website or to receive a delivery of products purchased from our website.
    6. When you register with our website, you will also be asked to confirm and to provide reasonable evidence that you are at least 18 years of age.
    7. When we deliver products, the person to whom we deliver the products may also be asked to provide reasonable evidence that he or she is at least 18 years of age. We have adopted the Challenge 25 approach of the Retail of Alcohol Standards Group. Accordingly, if you are or appear to be under 25 years of age, you must be prepared to provide reasonable evidence of your age.
    8. These terms and conditions do not affect any statutory rights you may have as a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015.

    PART A: USING OUR WEBSITE

  2. Copyright notice

    1. Copyright (c) 2018 The Hollington Wine Company Limited.
    2. Subject to the express provisions of these terms and conditions:
      • 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
      • all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  3. Licence to use website

    1. You may:
      • view pages from our website in a web browser;
      • download pages from our website for caching in a web browser; and
      • print pages from our website,
        subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 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.
    3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    4. Unless you own or control the relevant rights in the material, you must not:
      • republish material from our website (including republication on another website);
      • sell, rent or sub-license material from our website;
      • show any material from our website in public;
      • exploit material from our website for a commercial purpose; or
      • redistribute material from our website.
    5. Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.
    6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  4. Acceptable use

    1. You must not:
      • 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 or accessibility of the website;
      • 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;
      • 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;
      • 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;
      • access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      • violate the directives set out in the robots.txt file for our website; or
      • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. 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.
  5. Registration and accounts

    1. To be eligible for an account on our website, you must be at least 18 years of age.
    2. You may register for an account with our website by completing and submitting the account registration form on our website.
    3. You must not allow any other person to use your account to access the website.
    4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    5. You must not use any other person’s account to access the website.
  6. User login details

    1. If you register for an account with our website, you will be asked to provide an email address (which will be your user ID) and we will send to you a password.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. You should change your password as soon as practicable creating an account. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.
    4. 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.
  7. Cancellation and suspension of account

    1. We may:
      • suspend your account;
      • refuse a request to register an account;
      • cancel your account; and/or
      • edit your account details,
        at any time in our sole discretion without notice or explanation, and subject to any rights you may have under Parts B and C of these terms and conditions.
    2. You may cancel your account on our website by sending us a written cancellation request.
  8. Your content: licence

    1. In these terms and conditions, “your content” means text that you provide to us describing your gift lists and any other 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.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
    3. You grant to us the right to sub-license the rights licensed under Section 8.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
    5. You may edit your content to the extent permitted using the editing functionality made available on our website.
    6. 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.
  9. Your content: rules

    1. You warrant and represent that your content will comply with these terms and conditions.
    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).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      • be libellous or maliciously false;
      • be obscene or indecent;
      • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      • infringe any right of confidence, right of privacy or right under data protection legislation;
      • constitute negligent advice or contain any negligent statement;
      • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      • be in contempt of any court, or in breach of any court order;
      • be in breach of racial or religious hatred or discrimination legislation;
      • be blasphemous;
      • be in breach of official secrets legislation;
      • be in breach of any contractual obligation owed to any person;
      • depict violence in an explicit, graphic or gratuitous manner;
      • be pornographic, lewd, suggestive or sexually explicit;
      • be untrue, false, inaccurate or misleading;
      • 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;
      • constitute spam;
      • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      • cause annoyance, inconvenience or needless anxiety to any person.
  10. Report abuse

    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.
    2. You can let us know about any such material or activity by email.
  11. Limited warranties

    1. We do not warrant or represent:
      • the completeness or accuracy of the information published on our website;
      • that the material on the website is up to date; or
      • that the website or any service on the website will remain available.
    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.
    3. To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  12. Limitations and exclusions of liability

    1. Nothing in these terms and conditions will:
      • limit or exclude any liability for death or personal injury resulting from negligence;
      • limit or exclude any liability for fraud or fraudulent misrepresentation;
      • limit any liabilities in any way that is not permitted under applicable law; or
      • exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
      • are subject to Section 12.1; and
      • 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.
    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.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    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.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    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).
    9. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
      • GBP 1,000; and
      • the total amount paid and payable to us under the contract.
  13. Breaches of these terms and conditions

    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:
      • send you one or more formal warnings;
      • temporarily suspend your access to our website;
      • permanently prohibit you from accessing our website;
      • block computers using your IP address from accessing our website;
      • contact any or all of your internet service providers and request that they block your access to our website;
      • commence legal action against you, whether for breach of contract or otherwise; and/or
      • suspend or delete your account on our website.
    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).
  14. Third party websites

    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  15. Trade marks

    1. THE HOLLINGTON WINE COMPANY, 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.
    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.
  16. Variation

    1. We may revise these terms and conditions from time to time.
    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.
    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 when you next visit our website and log in.
  17. Assignment

    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.
    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.
  18. Severability

    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.
    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.
  19. Third party rights

    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.
    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.
  20. Entire agreement

    1. Subject to Section 12.1, these terms and conditions 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.
  21. Law and jurisdiction

    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  22. Statutory and regulatory disclosures

    1. We are registered with the British Institute of Innkeeping.
    2. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    3. These terms and conditions are available in the English language only.
    4. The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
  23. Our details

    1. This website is owned and operated by The Hollington Wine Company Limited.
    2. We are registered in England and Wales under registration number 11459644, and our registered office is at Hollington Cottage, Prince Imperial Road, Chislehurst, Kent, England, BR7 5LX.
    3. You can contact us:
      • by post, using the postal address given above;
      • using our website contact form;
      • by telephone, on the contact number published on our website from time to time; or
      • by email, using the email address published on our website from time to time.

    PART B: PRODUCTS AND GIFT LISTS

  24. Products

    1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
    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.
    3. The sale and purchase of products through our website will be subject to Part C of these terms and conditions.
    4. Any product reviews or other reviews that you submit for publication on our website shall be subject to the terms of Section 8 and Section 9.
  25. Gift lists

    1. If you have an account with our website, you will be able to create gift lists on the website.
    2. Each gift list will consist of a title, a description and a list of products selected from amongst those available on our website.
    3. You acknowledge that we do not guarantee that products listed on our website, or added to a gift list, will be or remain available for purchase.
  26. Deliveries

    1. We will only deliver products to the English and Welsh mainland.
    2. You must ensure that the delivery location you specify is safe and reasonably accessible.
    3. You or your representative must be present to take delivery at the agreed time and place.
    4. If we are unable to verify that a person taking delivery of products is at least 18 years of age, then we reserve the right to refuse to make deliver.
    5. If:
      • we fail to make a delivery as a result of no-one being present to take delivery of the products;
      • we are unable to verify that the person who is available to take delivery is at least 18 years of age; or
      • we otherwise fail or are unable to make delivery as a result of your default,
        then we will attempt to reschedule delivery. We may charge the list owner at a reasonable rate for any such rescheduled deliveries.
    6. If despite our best efforts we are unable to arrange delivery of products within the period of 90 days following the original scheduled delivery date, then we reserve the right to dispose of the products, in which case neither the list owner nor the persons who paid for the products will be entitled to any refund.

    PART C: PURCHASING PRODUCTS

  27. Order process

    1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
    2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 27.
    3. To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase (which are identified in a gift list) to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us, verify your age and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must confirm your order and your consent to the terms of this document; our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
    4. You will have the opportunity to identify and correct input errors prior to making your order.
  28. Prices

    1. Our prices are quoted on our website.
    2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
    3. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
    4. In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
  29. Payments

    1. You must, during the checkout process, pay the prices of the products you order.
    2. Payments may be made by any of the permitted methods specified on our website from time to time.
    3. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
    4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
      • an amount equal to the amount of the charge-back;
      • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      • an administration fee of GBP 25.00 including VAT; and
      • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 29.4 (including without limitation legal fees and debt collection fees),
        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 29.4.
  30. Deliveries

    1. Our policies and procedures relating to the delivery of products are set out in Part B of these terms and conditions.
  31. Distance contracts: cancellation right

    1. This Section 31 applies if and only if you offer to purchase products from as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession. However, it will not apply to many orders for alcoholic drinks made through our website: see Section 31.9 for more information about the applicable exceptions.
    2. You may withdraw an offer to purchase products through our website or cancel an order for products (without giving any reason for your withdrawal or cancellation) at any time within the period:
      • beginning upon the submission of your offer; and
      • ending at the end of 14 days after the day on which the products come into the physical possession of the gift list owner (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into the physical possession of the gift list owner).
    3. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 31, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    4. If you cancel a contract on the basis described in this Section 31, you must ensure that the products are returned to us. You must comply with your obligations referred to in this Section 31 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
    5. If you cancel an order in accordance with this Section 31, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except as otherwise provided in this Section 31.
    6. If the value of the products returned to us is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
    7. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
    8. We will process a refund due to you as a result of a cancellation on the basis described in this Section 31 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence that the products have been sent back. If we have not sent the products at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
    9. You will not have any right to cancel a contract as described in this Section 31 insofar as the contract relates to:
      • the supply of alcoholic beverages, where: (i) their price has been agreed at the time of the conclusion of the sales contract, (ii) delivery of them can only take place after 30 days, and (iii) their value is dependent on fluctuations in the market which we cannot control;
      • the supply of goods which are liable to deteriorate or expire rapidly;
      • the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
      • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or
      • the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
  32. Warranties and representations

    1. You warrant and represent to us that:
      • you are legally capable of entering into binding contracts;
      • you have full authority, power and capacity to agree to these terms and conditions;
      • you are at least 18 years of age; and
      • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading.
    2. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
  33. Order cancellation

    1. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
      • you fail to pay, on time and in full, any amount due to us under that contract; or
      • you commit any material breach of that contract.
    2. You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
    3. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
  34. Consequences of order cancellation

    1. If a contract under these terms and conditions is cancelled in accordance with Section 33:
      • we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
      • you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).