In the Welsh Wind Terms and Conditions – Retail Customers
These terms and conditions apply when you make a purchase from In the Welsh Wind Distillery as a retail customer/consumer over the phone (Distance Selling) or through our online shop (Online Selling).
We can accept your Order and make a legally enforceable Contract with you without further reference to you, so please read these terms and conditions carefully before you make a purchase from us. They apply to sale by Us to You as a Consumer and NOT as a Business Customer. If you are a Business Customer, please ask for our Business Terms and Conditions
RETAIL TERMS AND CONDITIONS
- These terms and conditions apply to the purchase of goods by you (the Customer, or You) in your capacity as a Consumer. We are In the Welsh Wind Distillery, Gogerddan Arms, Tan y Groes, Ceredigion SA43 2HP (the Supplier, Us, We). Unless otherwise specified, these Terms and Conditions will apply to the purchase of good by You either at our Distillery Premises of through our Website
- Business Customer: Someone, or someone representing an organisation, making a purchase wholly or mainly in connection with their trade, profession or business activity.
- Business Name: Our Business Name is In the Welsh Wind
- Confirmatory Email: The email we will send out to You once We have received and accepted your Order. The Confirmatory Email represents acceptance of the Contract for sale of Goods between You and Us.
- Consumer: Someone ordering and purchasing Goods from Us wholly or mainly in a private capacity and for purposes outside their normal trade, profession or business activity.
- Contract: A legally enforceable agreement created when you have made an order through our Website or by Telephone and we have accepted that Order by sending a Confirmatory Email.
- Delivery Address: This is the address You will provide Us when making a purchase of goods from us either by phone or online through Our Website. You are responsible for making sure you provide us with the correct Delivery Address as We cannot be held responsible for goods that are sent to an incorrect Delivery Address.
- Delivery Charge: Where goods are ordered online or over the phone, We will make a charge to cover postage and packing costs. The Delivery Charge will normally be as stated on the Website and may change from time to time.
- Distillery Premises: In the Welsh Wind Distillery, Gogerddan Arms, Tan y Groes, Ceredigion SA43 2HP
- Goods: Products advertised on our Website and which may from time to time be available at the Distillery Premises. We may on occasion have Goods available for sale at the Distillery Premises which are not available for sale through the Website or by Telephone. Equally, we may occasionally have Goods for sale on the Website which are not available to purchase at the Distillery Premises.
- Order: You can make an order for Goods through our Website or by Telephone. On acceptance of your order by us, we will send a Confirmatory Email at which point we will have entered into a Contract for the sale and delivery of the Goods in the Order.
- Services: Services advertised on our Website that can be purchased with Vouchers sold by Us whether at the Distillery Premises, Online and by Telephone. These Services include Gin Lab and Gin Tasting experiences. Business to business services such as the development of gin for your business, are dealt with under our Business Terms and Conditions.
- Website: www.inthewelshwind.com
- We distil and sell gin and other bespoke custom spirits as may be available from time to time. We sell vouchers which can be redeemed either in person at the Distillery Premises, over the phone or online in exchange for Gin Lab gin making experiences, Gin Tasting experiences and/or product. From time to time we may sell other products either direct from the Distillery Premises only, or which will be advertised on our Website and therefore available for purchase through the Website or by telephoning the Distillery Premises. We may have goods for sale at our Distillery Premises that are not for sale through our Website.
- The description of the Goods is as set out on our Website, and in any other form of advertisement, whether in paper format or online, for example on our social media channels. Any description is for illustrative purposes only. While every care will be taken to make sure our descriptions are accurate, there may be small discrepancies in the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. If we have to make changes to the Goods, we will update our Website accordingly, at the earliest opportunity. If the Website has not been updated at the time of your Order, we reserve the right to notify you of any changes and seek your agreement before proceeding to send out the Confirmatory Email.
The Price of our Goods and Delivery Charges
- The price of our Goods and any Delivery Charges will be set out on our Website at the date of your Order.
- In the unlikely event that Delivery Charges are not as stated on the Website (for example because of a change by the carriage service we use), we will advise you as soon as possible. We reserve the right to charge the accurate Delivery Charge at the time of the Order, be that lower or higher than that stated on the Website. In the event of a discrepancy between the stated Delivery Charge and the actual Delivery Charge, we may not send out a Confirmatory Email agreeing to the Contract until the Delivery Charge has been paid in full.
- Delivery charges may vary from those stated on the Website if you wish the goods to be posted outside of the United Kingdom, Isle of Man and Channel Islands. We will confirm delivery charges for your chosen destination with you at the time.
- Where we agree a variation in the price of the Goods and/or the Delivery Charge with You, We will set this out in writing, usually in an email.
- Prices and charges will be inclusive of VAT at the applicable rate at the time of the order.
- If you telephone us with your Order we will confirm the delivery charge at that time.
- Please note that we cannot be responsible for any import or other taxes that may apply to goods delivered outside of the UK, Isle of Man and Channel Islands.
Basis of Sale
- The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. We cannot be responsible for any errors arising from the ordering process. We will accept your Order as received.
- A Contract will be formed for the sale of Goods ordered only when you have made your Order and received a Confirmatory Email from us. You must ensure that the details contained in the Confirmatory Email are correct, and contact us immediately, and in any event within 24 hours, to advise us of any errors.
- We cannot be responsible for any inaccuracies in the Order placed by you. Any delay in advising us of errors in the Confirmatory Email may result in us sending out your Order as per the incorrect details.
- When you place an Order you agree to us providing confirmation of the Contract by means of the Confirmatory Email.
- You will receive the Confirmatory Email within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation we might give you is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by You and Us in writing or email.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a more appropriate contract.
- No person under the age of 18 years old may purchase alcohol from Us. We reserve the right to refuse Your order if We have reason to suspect that You are under the age of 18, or that you intend to supply alcohol purchased from us to people under the age of 18.
- Persons under the age of 18 may purchase vouchers for In the Welsh Wind Distillery, but only persons aged 18 or over will be permitted to participate in Our Gin Lab gin making experiences and our Gin Tasting experiences, or to purchase alcohol at our Distillery Premises or through Our Website.
- We may require proof of age before confirming any purchases or bookings.
- By accepting these terms and conditions, You agree that any goods You purchase from Us are for Your personal use and not for resale. ‘Personal Use’ includes the giving of goods purchased from us as a gift.
Payment and ownership
- All goods remain the property of In the Welsh Wind Distillery until paid for in full. Payment must be received in full, together with the Delivery Charge and VAT (where applicable) before the items are dispatched to You.
- If You are purchasing items from us through our Website or over the Phone, you have the right to cancel your Order up to 14 days after you have received the item(s), even if there is nothing wrong with it/them. You must return the items to Us, unopened, within a further 14 days and We will refund You in full. You do not have to provide us with a reason.
- You can pay using our online shop application on our Website, or by telephoning us with your order. You will be asked to provide credit or debit card details at the time of purchase, and your purchase will not be complete – and We will be under no obligation to arrange delivery of the goods – until payment in full has been received.
- We will arrange for Delivery of the Goods once you have provided us with your Delivery Address and your payment has been received in full.
- We will normally dispatch your Goods within 2 working days of sending out the Confirmatory Email. We normally dispatch goods Royal Mail 1st class and you can expect to receive your delivery in accordance with the usual delivery times posted on the Royal Mail website from time to time.
- In any event, we will dispatch your goods within a reasonable time from the receipt of payment, and no later than 30 days after we have sent you a Confirmatory Email.
- If we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential, taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you can cancel the Order for any Goods or reject Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
- If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (for example a ‘gift set’ comprising more than one item, and sold as a package) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or someone nominated by you fail, through no fault of ours, to take delivery of the Goods at the Delivery Address, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- The Contract will come to an end and our obligations to you will cease once we have posted the goods to you, subject to your rights under the Distance Selling Regulations and any other applicable legislation to cancel the contract within 14 days of receiving the goods from Us.
- Either You or We may cancel the contract before the goods have been dispatched. In these circumstances, we will provide you with a full refund.
- As the contract We will enter into is a Distance Contract, You have the right to cancel the contract within 14 days of receiving the goods. In order to do this, you must notify us within 14 days of receiving the good that you with to cancel the contract. You can do this by email or over the phone.
- You can also electronically fill in and submit the model cancellation form (see annex A to these Terms and Conditions, below) or by making any other clear statement of Your decision to cancel the Contract to Us. If you use this option, we will communicate to you an acknowledgement of receipt by email or post, without delay.
- To meet the cancellation deadline, You need only send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- In the unlikely event that your goods arrive broken, we will be happy to refund you in full. In order to receive your refund, please take a photograph of the damaged bottle and packaging within 3 days of receipt, and email this to us at firstname.lastname@example.org
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by You (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods – for example opening and consuming some of the Goods). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at In the Welsh Wind Distillery, Tan y Groes, Ceredigion SA43 2HP without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods
- For the purposes of these Cancellation Rights, these words have the following meanings: a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
Circumstances beyond the control of You or Us
- In the event of any failure by either You or Us as the result of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is of utmost importance to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679. c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure. 62. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: email@example.com.
- We do not exclude liability for:
- any fraudulent act or omission; or
- for death or personal injury caused by negligence or breach of Our other legal obligations.
- Subject to this, We are not liable for
- loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
- loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession. Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so if you do have a complaint or query, please contact us at your earliest convenience so that we can try and find a solution. We will aim to respond as promptly as possible and provide an appropriate solution within 5 days.
In the Welsh Wind, November 2019
Model cancellation Form
To In the Welsh Wind Distillery (VAT no: 286 9990 20) Gogerddan Arms, Tan y Groes, Ceredigion SA43 2HP Email firstname.lastname@example.org Telephone number: 01239 872300
I/We[*Insert your name here] hereby give notice that I/We cancel my/our Contract [of sale of the following goods [Insert details of the Order]] or [for the supply of the following service [Insert Details of Service], Ordered on [insert date] and received on [*insert date received]
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) (only if this form is notified on paper):