Terms & Conditions
The Evolution Winery.
Ledbury, England.
Table of contents
1. These terms
1. What these terms cover.
These are the terms and conditions on which we supply products and services to you.
2. Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. You must be aged 18 years or older to use our website
You must be aged 18 years or older to use our website. You must not use our website if you are under the age of 18.
4. You should be aware of the following inherent risks, warnings and recommendations in respect of products you order via our website:
a. Please follow all storage, “best before” dates, “use by” dates and/or other usage guidelines supplied on, or otherwise in connection with, the goods.
b. Alcohol should be consumed lawfully, responsibly and in moderation.
c. Where you suffer from a medical condition, are undergoing medical treatment and/or are taking medication you are responsible for ensuring that you seek advice from a suitably qualified medical practitioner in relation to the consumption of alcohol.
d. Some goods may be heavy so extra care should be taken when lifting these and assistance should be sought where necessary.
e. Some goods, such as red wines, may cause staining to fabrics and materials.
f. Where the goods include sparkling wines and/or champagnes, they may be volatile due to the build-up of gasses and particular care should be taken when opening and transporting such goods.
g. Extra care should be taken when transporting and handling glass goods.
h. Goods purchased on our website are not to be resold.
5. Age Restriction
Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. We are committed to upholding both our legal and social obligations as a retailer of intoxicating liquor.
6. Information about us and how to contact us
7. Who we are
We are The Evolution Winery Limited a company registered in England and Wales. Our company registration number is 9223498 and our registered office is at The Evolution Winery, Unit 2, Redbank, Little Marcle Road, Ledbury, Herefordshire, HR8 2JL. Our registered VAT number is 201 7176 45.
8. How to contact us
To contact us, please see our Contact Us page.
9. How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address provided to us in your order.
10. "Writing" includes emails
When we use the words "writing" or "written" in these terms, this includes emails.
11. Our contract with you
12. How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
13. If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
14. Delivery outside the UK
We are able to deliver to addresses outside the UK mainland for products ordered via our website, but we are not able to service all international regions. If you place an order for products from outside the UK mainland via our website, the order will be subject to additional shipping costs. For deliveries outside the UK mainland, please contact us on 01531 63 7119 or email Hello@theevolutionwinery.com where a shipping quote will be calculated based on the destination and weight of the shipment. If we are unable to provide a delivery due to extended delays in shipping times or costs being too prohibitive, we may suggest an alternative supplier to purchase our products from via our partners in international regions. However, we regret that in some instances, we will not be able to provide shipping quotes to all international regions.
15. Our products
Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
16. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
17. Our rights to make changes to products or these terms
Minor changes to the products
We may change the product:
a. to reflect changes in relevant laws and regulatory requirements; and
b. to change the vintage.
More significant changes to the products and these terms
In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
18. Delivery
a. Delivery costs
The costs of delivery (if any) will be as displayed to you on our website. We use APC couriers for our online deliveries.
19. When we will provide the products
During the order process we will let you know when we will provide the products and/or services to you.
a. If the products are goods (e.g. a bottle of wine) we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
b. If the products are services (e.g. a vineyard tour or wine tasting session), we will begin the services on the date set out in the order.
20. Courier delivery terms will apply
Please note that we use third party couriers and their delivery terms and conditions will apply. Please see below links to the relevant courier terms and conditions:
a. https://apc-overnight.com/sending-a-parcel/terms_and_conditions_of_carriage/
21. We are not responsible for delays outside our control
Sometimes delays can happen. If our supply of the products is delayed by an event outside our control (e.g. where we are required to change the products to bring them in line with applicable requirements) then we will contact you as soon as possible to let you know and we will take steps to reduce the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
22. If you are not at home when the product is delivered
If no one is available at your address to take delivery and the products, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. You will be liable for any costs associated with rearranged deliveries. You will need to bring photo I.D. with you when collecting the products from a local depot.
23. If you do not rearrange delivery
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
24. When you become responsible for the products
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
25. When you own goods
You own a product which is goods once we have received payment in full.
26. What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products to you, for example, your delivery address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
27. Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
a. if we have reason to believe or suspect that you are under the age of 18;
b. deal with technical problems or make minor technical changes; or
c. update the product labelling to reflect changes in relevant laws and regulatory requirements.
28. Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three (3) weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
29. Your rights to end the contract
30. You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business.
b. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
c. If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
d. In all other cases if you are a consumer (if we are not at fault and you are not exercising your right to change your mind), see clause 8.6.
31. Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2).
b. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
c. there is a risk that supply of the products may be significantly delayed because of events outside our control.
d. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) weeks.
e. you have a legal right to end the contract because of something we have done wrong.
32. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)
If you are a consumer then you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
33. When consumers do not have a right to change their minds
Your right as a consumer to change your mind does not apply in respect of:
a. wine where bottles (or other containers) have been unsealed, opened, broken or are otherwise not intact.
b. services (e.g. a wine tasting session or vineyard tour), once these have been completed, even if the cancellation period is still running.
37. How to end the contract with us (including if you are a consumer who has changed their mind)
38. Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
a. Phone or email or online. Please contact us via the contact details provided on our Contact Us page.
b. By post. Print off the contract cancellation form here and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
39. Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Winery, Unit 2, Redbank, Little Marcle Road, Ledbury, Herefordshire, HR8 2JL. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
40. When we will pay the costs of return
We will pay the costs of return:
a. if the products are faulty or misdescribed; or
b. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
41. How we will refund you
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
42. When we may make deduction from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind:
a. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b. The refund for delivery costs will be the price you paid for delivery.
43. When your refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
i. If the products are goods and we have not offered to collect them, your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
ii. In all other cases, your refund will be made within 30 days of your telling us you have changed your mind.
44. Our rights to end the contract
45. We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
a. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, correct delivery address; or
b. you do not, within a reasonable time, allow us to deliver the products to you.
46. You must compensate us if you break the contract
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
47. If there is a problem with the product
If you have any questions or complaints about the product, please Contact Us.
48. Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
49. Your obligation to return rejected products
If you wish to exercise your legal rights to reject products (in accordance with clause 12.1) you must post them back to us. We will pay the costs of postage. Please contact us to arrange a return label. If you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
50. We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
l. you make any further use of such product after giving a notice in accordance with clause 1.1(a);
m. the defect arises because you failed to follow our oral or written instructions as to the storage, installat
ion, commissioning, use or maintenance of the product or (if there are none) good trade practice; or
n. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
51. Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
52. These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
