Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (the "Products") listed on our website www.aspall.co.uk (the "Website") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. You will be required to "Accept our terms & conditions" before you complete your transaction. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1. We operate the Website. We are Aspall Cyder Limited, a company registered in England and Wales under company number 02032494 and with our registered office (and main trading address) at Aspall Hall, Stowmarket, Suffolk, IP14 6PD. Our main email address is [firstname.lastname@example.org]. Our VAT number is [GB 44 3 0004 11].
2. Service availability
2.1. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
3. Your status
3.1. By placing an order through our site, you warrant that:
3.1.1. you are legally capable of entering into binding contracts;
3.1.2. you are at least 18years old;
3.1.3. you are resident in the United Kingdom; and
3.1.4. you are accessing our site from the United Kingdom.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you when our courier sends an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when you have received a Dispatch Confirmation from our courier.
4.2.The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2. To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
6. Availability and delivery
6.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2. We will aim to deliver your order on a 5-working day lead time, however please allow for a longer lead time around Public Holidays and the Festive season. Please note glassware orders will be despatched separately to finished goods.
6.3. We offer one delivery option: "Attended": Your delivery must be signed for. Our courier will make one attempt to deliver the Products to your nominated address between 8.00am - 5.30pm, after which they will leave a card telling you where the Products can be collected. If Products remain uncollected after seven days then they will be returned back to us.
6.4. Standard delivery is to mainland Britain; please note a delivery surcharge will be added to your order for deliveries to the following –
- Scottish Highlands and Islands surcharge £7.78 per case, to postcodes: IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, PH30-44, PH49-50, ZE.
- Northern Ireland, Isle of Man and Isles of Scilly surcharge £10.27 per case, to postcodes: BT, IM, TR21-25.
- Isle of Wight surcharge £6 per consignment, to postcodes: PO30-41
6.5. Please note we are unable to provide international shipping.
6.6. Carriage charges incurred by us are non-refundable if all attempts to deliver have failed. If your delivery address has a communal entrance, our courier will only deliver if the Products are signed for.
6.7. We offer an internet based tracking system that will allow you to follow the progress of your delivery 24 hours a day 7 days a week. Details of how to access the tracking system will be set out in the dispatch confirmation from our courier.
6.8. We will keep an image of the signature obtained on delivery in our proof of delivery retrieval system. You may request to view the signature obtained in relation to your delivery for a period of 6 months following the date of delivery of the Products.
7. Risk and title
7.1. The Products will be at your risk from the time of delivery.
7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment
8.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2. Product prices include VAT.
8.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6. Payment for all Products must be by credit or debit card. Your credit or debit card will be charged when you place your order.
9. Our refunds and returns policy
9.1. If you return a Product to us:
9.1.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
9.1.2. for any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3. Products must be returned to us in the original packaging and in the condition that they were delivered to you.
9.4. When returning Products, please remember to include a copy of your receipt. If this is not possible, make sure that you include your name, address and a telephone number inside the package.
9.5. If you wish to receive a replacement Product rather than a refund, please specify in writing when returning the Product to us.
9.6. The Products will be at your risk until they are received by us.
10.1. We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. Our liability
11.1. Subject to clause 10.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.2. Subject to clause 10.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
11.2.1. loss of income or revenue;
11.2.2. loss of business;
11.2.3. loss of profits;
11.2.4. loss of anticipated savings;
11.2.5. loss of data; or
11.2.6. waste of management or office time.
However, this clause 10.1 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 11.2.1 to 11.2.2 inclusive of this clause 10.1.
11.3. Nothing in this Agreement excludes or limits our liability for:
11.3.1. death or personal injury caused by our negligence;
11.3.2. fraud or fraudulent misrepresentation;
11.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
11.3.4. defective products under the Consumer Protection Act 1987; or
11.3.5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. Written communications
12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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 the Website. For contractual purposes, 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.
13.1. All notices given by you to us must be given to Aspall Cyder Limited at Aspall Hall, Stowmarket, Suffolk, IP14 6PD. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
14.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17.1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. Our right to vary these terms and conditions
19.1. We have the right to revise and amend these terms and conditions from time to time.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
20.1. Contracts for the purchase of Products through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.