WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY SET OUT THE TERMS ON WHICH YOU MAY USE THE SITE. YOU SHOULD ALSO READ OUR PRIVACY POLICY, COOKIE POLICY AND ACCEPTABLE USE POLICY.

What’s in these terms of use?

These terms tell you the rules for using our website www.whitehallvineyard.co.uk however you access it, including through a version optimised for use on a mobile phone (the “Site”).

Click on the links below to go immediately access more information on each area:

• Who we are and how to contact us.
• By using the Site you accept these Terms of Use.
• There are other terms that may apply to you.
• We may make changes to these Terms of Use.
• We may make changes to the Site.
• We may suspend or withdraw the Site.
• We may transfer this agreement to someone else.
• You must keep your account details safe.
• How you may use material on the Site.
• Do not rely on information on the Site.
• We are not responsible for websites we link to.
• User-generated content is not approved by us.
• How to complain about content uploaded by other users.
• Our responsibility for loss or damage suffered by you.
• Exclusion of liability for digital content.
• How we may use your personal information.
• Uploading content to the Site.
• Rights you are giving us to use material you upload.
• We are not responsible for viruses and you must not introduce them.
• Rules about linking to the Site.
• Which country’s laws apply to any disputes?
• Our trade marks.

Who we are and how to contact us

The Site is operated by Whitehall Garden Centres Limited (“We”). We are registered in England and Wales under company number 04981754 and have our registered office at Corsham Road, Lacock, Chippenham, Wilts, SN15 2LZ. Our main trading address is Whitehall Vineyard, Whitehall Garden Centre, Corsham Road, Lacock, Wiltshire, SN15 2LZ. Our VAT number is 822106375.

We are a limited company.

To contact us, please email enquiries@whitehallvineyard.co.uk.

By using the Site you accept these terms of use

• By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them.
• If you do not agree to these terms, you must not use the Site.
• We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of the Site:

• Our Privacy Policy. See further under How we may use your personal information.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using this Site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our Site.

If you purchase goods from our Site, our Terms and Conditions of Sale will apply to the sales.

We may make changes to these terms of use

We amend these Terms of Use from time to time. Every time you wish to use the Site, please check these Terms of Use to ensure you understand the terms that apply at that time.

We may make changes to the Site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw the Site

• The Site is made available free of charge.
• We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
• Some services provided through the Site are restricted to those aged 18 years and over. We will ask you to enter your date of birth before accessing such services. If we learn that you have provided misleading or false information about your age, your right to use the Site will cease immediately and we may disable any user identification code or password, and take any other steps that we consider necessary to restrict your access to the Site.
• You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

• If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
• You agree to include only true, accurate, current and complete when you register as a customer and to keep your details up to date. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
• We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if (i) in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use, (ii) if we learn that you have provided inaccurate, untrue, misleading or false information.
• If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@whitehallvineyard.co.uk

How you may use material on the Site

• We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
• You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
• You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
• If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

• The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
• Any nutritional data contained on the Site is provided for guidance only and is not intended to be definitive or to amount to advice on which reliance should be placed. Please refer to product labels for definitive information. In particular, you should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any products supplied by us.
• Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

We are not responsible for websites we link to

• Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
• We have no control over the contents of those sites or resources.

User-generated content is not approved by us

The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on enquiries@whitehallvineyard.co.uk

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
• If you are a consumer user:
  • Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to the Site

• Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.
• You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
• We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
• You are solely responsible for securing and backing up your content.
• We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to the Site (“User Generated Content”), you grant us the following rights:

• a perpetual, worldwide, non-exclusive, royalty-free transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, modify, and otherwise use and commercially exploit the User Generated Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User Generated Content Licence”); and
• The right to grant a sub-licence to any third party of any of our rights under the User Generated Content License.

We are not responsible for viruses and you must not introduce them

• We do not guarantee that the Site will be secure or free from bugs or viruses.
• You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
• You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Rules about linking to the Site

• You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• You must not establish a link to the Site in any website that is not owned by you.
• Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
• We reserve the right to withdraw linking permission without notice.
• The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
• If you wish to link to or make any use of content on the Site other than that set out above, please contact enquiries@whitehallvineyard.co.uk

Which country’s laws apply to any disputes?

• If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
• If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks

Any trade mark, name y the Site and lo time to time, services from us)er16.3(a)). certain terms into any contract with the or logo used on the Site belong to Whitehall Garden Centres Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on the Site.

TERMS AND CONDITIONS
OF SALE

1. These terms AND CONDITIONS

   1. What these Terms and Conditions cover. These Terms and Conditions are the terms on which we supply products to you.
   2. Why you should read them. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions 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 and Conditions, please contact us to discuss. You should also read our Terms of Use, which explain the rules that you must follow in using the whitehallvineyard.co.uk (“Site”).
   3. Are you a business customer or a consumer? In some areas you will have different rights under these Terms and Conditions depending on whether you are a business or consumer. You are a consumer if:
      • You are an individual.
      • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
   4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Information about us and how to contact us

   1. Who we are. We are Whitehall Garden Centres Limited, a company registered in England and Wales with company registration number 04981754. Our registered office is at Corsham Road, Lacock, Chippenham, Wilts, SN15 2LZ. Our registered VAT number is 822106375.
   2. How to contact us. You can contact us by telephoning our customer service team by writing to us either by email to enquiries@whitehallvineyard.co.uk or by post to Whitehall Garden Centre, Corsham Road, Lacock, Chippenham, Wilts, SN15 2LZ.
   3. 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 or postal address you provided to us in your order.
   4. “Writing” includes emails. When we use the words “writing” or “written” in these Terms and Conditions this includes emails.

3. Our contract with you

   1. Placing your order and our acceptance of your order. You should submit your order to us by completing the following technical steps on the Site:
      • Select the products that you wish to purchase and proceed to the online checkout page.
      • Either create an account or enter your login details to access your existing account with us. Alternatively, you can choose to checkout as a guest, in which case you will not be required to create an account or enter any login details.
      • Provide your shipping and payment details.
      • Confirm that the information you have provided is correct and indicate your acceptance of these Terms and Conditions. You will have the opportunity at this stage to revisit your order and correct any incorrect information.
      • Place your order by clicking the ‘place order’ button and follow the subsequent instructions in respect of payment.
   2. Product restrictions. Please note that, by confirming and submitting your information to us through the order process, you confirm that you are aged 18 years old or over. This is a requirement for the purchase of certain products made available for purchase on the Site. We reserve the right to request proof of age throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed and requirements for age identification on delivery where the recipient appears to be under the age of 18). In accepting these Terms and Conditions you agree to provide Whitehall Vineyard truthful and accurate information.
   3. Acknowledgement and Acceptance. We will send you an order acknowledgement once we have received your order (“Order Acknowledgement Email”). Our acceptance of your order will not take place until we despatch your products at which point the contract will be formed between you and us.
   4. 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 we have not been able to obtain authorisation for your payment, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or because you do not meet the eligibility criteria set out in these terms. We reserve the right not to accept your order if, on previous occasions, you have failed to accept delivery despite multiple delivery attempts by us (or our courier service provider).
   5. Your order number. We will assign an order number to your order, which will be specified in the Order Acknowledgement Email. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

   1. Products may vary slightly from their pictures. The images of the products on the Site 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.
   2. Product packaging may vary. The packaging of the product may vary from that shown in images on the Site.
   3. Gift cards. Whitehall Vineyard gift cards can be purchased via the Site (“Gift Cards”). Gift Cards can be used to purchase goods and services (but not new gift cards) from us and must be used within 12 months from the invoice date, at which time the Gift Card and any outstanding balance will automatically expire. If you wish to check the balance of your Gift Card, please contact us at enquiries@whitehallvineyard.co.uk.
   4. Product and Nutritional Information. Any product information and nutritional data contained on the Site is provided for guidance only and is not intended to be definitive or to amount to advice on which reliance should be placed. Please refer to product labels for definitive information. In particular, you should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any products supplied by us.
   5. Alcoholic merchandise. The website sells products containing intoxicating liquor. For clarity, a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels, closures and alcohol by volume may vary. All wines are 75cl and all spirits and liquors 70cl unless otherwise stated. For the avoidance of doubt, this may also apply to certain chocolates containing alcohol. 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 subject to a maximum fine of £1,000, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000. Pursuant to the Licensing Scotland Act 2005 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £200, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000 and or 3 months imprisonment. Whitehall Vineyards is committed to upholding both its legal and social obligations as a retailer of intoxicating liquor. To achieve this we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed and requirements for age identification on delivery where the recipient appears to be under the age of 18). In accepting these Terms and Conditions you agree to provide Whitehall Vineyard truthful and accurate information and act in accordance with the Licensing Act of 2003 or where applicable the Licensing Scotland Act 2005.

5. Your rights to make changes

   If you wish to make a change to your order, 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 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.

6. Providing the products

   1. Delivery costs. The costs of delivery will be as displayed to you on the Site.
   2. When we will provide the products. We will confirm when and how your products will be delivered to you in our Order Acknowledgement Email and when your order has been despatched you will receive a confirmation that your order is on its way. If the products are ongoing subscriptions, we will also explain to you during the order process when and how you can end the contract.
      • If the products are goods. If the products are goods 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. Products sent via our Standard delivery services will normally take between 3 and 5 working days to arrive (and the Order Acknowledgement Email will contain a consignment number to allow you to track your products). We will provide an estimated delivery date in the Order Acknowledgement Email. If no date is specified in that email, then we will aim to provide you with the products within 3 working days of the Order Acknowledgement Email.
      • If the products are a subscription to receive goods. We will supply the goods to you until either the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
   3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise 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.
   4. If you are not at home when the product is delivered. If no one is available at your address to take delivery of the products (and you have not specified a safe space where you want your order to be left), our courier will leave you a note informing you of how to rearrange delivery. Our courier company will attempt to deliver an order up to 3 times before returning the products to us. We will make reasonable efforts to contact you in order to re-arrange delivery or collection. If, despite our reasonable efforts, we are unable to do so, we will be entitled to terminate this contact and will provide you with a refund in accordance with clause 9.2.
   5. Signature for Delivery. For some deliveries, a signature will be required.
   6. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
   7. When you own goods. You own a product which is goods once we have received payment in full.
   8. What will happen if you do not give required information to us. If we need certain information from you in order to supply the products to you, this will have been stated in the description of the products on the Site and/or on the order form and/or next steps page. Where applicable, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us requesting it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 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.
   9. Delivery Restrictions.
      • Where the delivery contains age restricted merchandise, the delivery driver may ask for appropriate proof of age identification bearing a photograph, date of birth and a holographic mark if they consider that the recipient does not appear to be over the age of 18. Where the delivery cannot be signed for by a person over the age of 18 or where the delivery driver is not satisfied that the person has been able to provide acceptable proof of age identification then the delivery will not be made and a card will be left with instructions on how to arrange re-delivery.
      • We reserve the right to restrict deliveries in certain areas. Please check with customer care if you think your delivery area may have a restriction.

7. Your rights to end the contract

   1. 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:
      • If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
      • If you are a consumer and have just changed your mind about the product, see clause 7.3. 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;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.7.
   2. 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 (d) 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:
      • we have told you about an upcoming change to the product or these terms which you do not agree to;
      • 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;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • you have a legal right to end the contract because of something we have done wrong.
   3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online 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 and Conditions.
   4. Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by Whitehall Garden Centres Limited of Corsham Road, Lacock, Chippenham, Wilts, SN15 2LZ to its customers, which reflects a UK consumer customer’s legal rights under the Consumer Contracts Regulations 2013, with 14 day period to change your mind. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 11.1).
   5. 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:
      • products which have been made to your specification or have been personalised;
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      • any products which become mixed inseparably with other items after their delivery.
   6. How long do consumers have to change their minds? If you are a consumer and you have bought goods from us, you can change your mind up to 14 days after the day you (or someone you nominate) receives the goods. If your goods are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery. If our goods are for regular delivery over a set period 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
   7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

8. How to end the contract with us (including if you are a consumer who has changed their mind)

   1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Email. Email us at enquiries@whitehallvineyard.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • By post. You can write to us at the address listed in clause 2.2 above, including details of what you bought, when you ordered or received it and your name and address.
   2. 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 in their original packaging. You must allow us to collect (or arrange collection of) them from you. Please email us at enquries@whitehallvineyard.co.uk to discuss. 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.
   3. When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed; and
      • if you are ending the contract because we have told you of an upcoming change to the product or these Terms and Conditions, 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.
   4. What we charge for collection. If you are responsible for the costs of return and we are collecting (or arranging the collection of) the product from you, we will charge you the direct cost to us of collection.
   5. 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.
   6. 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:
      • 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.
      • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   7. 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:
      • If the products are goods and we have not offered to collect them, your refund will be made within 14 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. For information about how to return a product to us, see clause 8.2.
      • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

9. Our rights to end the contract

   1. 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:
      • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with any information that we have indicated is necessary for us to provide the products;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
   2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.

10. If there is a problem with the product

    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at enquiries@whitehallvineyard.co.uk or by post to the address provided in clause 2.2

11. Your rights in respect of defective products if you are a consumer

    1. 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.
       
       Summary of your key legal rights
       This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
       If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
       • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
       • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
       • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
         See also clause 7.3.
    2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or allow us to collect (or arrange collection of) them from you. We will pay the costs of postage or collection. Please email us at enquiries@whitehallvineyard.co.uk. We would be happy to discuss your options with you.

12. Your rights in respect of defective products if you are a business

    1. If you are a business customer we warrant that on delivery any products which are goods shall:
       • conform with their description;
       • be free from material defects in design, material and workmanship;
       • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
       • be fit for any purpose held out by us.
    2. Subject to clause 12.3, if:
       • you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
       • we are given a reasonable opportunity of examining such product; and
       • 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.
    3. We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:
       • you make any further use of such product after giving a notice in accordance with clause 12.2(a);
       • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
       • the defect arises as a result of us following any drawing, design or specification supplied by you;
       • you alter or repair the product without our written consent; or
       • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    4. Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.
    5. These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.

13. Price and payment

    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the Site. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order. Offers and promotions that are available in our shops do not necessarily apply to the products on the Site and vice versa.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay.
       • We accept payment with Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit, American Express & PayPal. You can use Whitehall Vineyard gift vouchers as a method of payment online (to make either full or part payment). Any remaining balance will remain on the card to be used at a later date. Multiple gift cards can be used in the same transaction.
       • You must pay for the products before we will accept your order.
    5. Authorising your payments. By providing us with the relevant information to make your payment, you specifically authorise us to transmit or to obtain information about you from certain third parties (including credit reference and fraud detection agencies) in order to authenticate your identity and delivery address for the products, validate your payment card and obtain authorisations for your payment(s). This information could include (but is not limited to) your name, address, telephone number, debit or credit card details, cheque details or credit reports,
    6. Credit Card Safety.
       • The Site uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted to us. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private.
       • To give you even more confidence in shopping online with us, we’ve introduced Verified by Visa and MasterCard® SecureCode™. These services enhance your existing card account security against unauthorised use when you shop with us. To use this service, you must first register with the bank or other organisation that issued your card. To find out more about these services you can visit the following websites: Verified by Visa and MasterCard® SecureCode™.
    7. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    8. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    9. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
    10. Offers and Promotions. Prices, offers and products are subject to availability. Offers and promotions which may be made available through the Site from time to time may also have specific terms and conditions which apply. You will need to read and accept these before proceeding with the offer or promotion. Only one incentive code can be used per order and incentive codes can’t be used in conjunction with any other promotion.

14. Our responsibility for loss or damage suffered by you if you are a consumer

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1; and for defective products under the Consumer Protection Act 1987.
    3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.

15. Our responsibility for loss or damage suffered by you if you are a business

    1. Nothing in these terms shall limit or exclude our liability for:
       • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
       • fraud or fraudulent misrepresentation;
       • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
       • defective products under the Consumer Protection Act 1987; or
       • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 15.1:
       • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or contracts, loss of business, loss of income or revenue, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us; and
       • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

16. How we may use your personal information

    1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

17. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 7.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

DISCOUNT TERMS AND CONDITIONS

1. The Promoter

The Site is operated by Whitehall Garden Centres Limited (“We”). We are registered in England and Wales under company number 04981754 and have our registered office at Corsham Road, Lacock, Chippenham, Wilts, SN15 2LZ. Our main trading address is Whitehall Vineyard, Whitehall Garden Centre, Corsham Road, Lacock, Wiltshire, SN15 2LZ. Our VAT number is 822106375.
We are a limited company.
To contact us, please email orders@whitehallchristmascompany.co.uk.

2. The Promotion & Entry

All UK Customers who sign up to receive Whitehall Vineyard’s newsletter to receive 10% off their first order, will receive a 10% off their first order on all purchases of up to GBP 500 by way of a unique, one-time discount code sent by email which may be redeemed on www.whitehallvineyard.co.uk. To receive the discount code participants must CLICK through the email they receive after they sign up. Discount code will appear at the top of the screen when the participant clicks through.
*Email may take up to 15 minutes to be sent.*

3. The Discount Code:

• will apply to all products sold on www.whitehallvineyard.co.uk except __ already discounted products and delivery__;
•  may only be used once;
• cannot be used in conjunction with other discounts or offers;
• will be valid for redemption for 7 days from its date of receipt;
• is only available to new subscribers to the newsletter; existing subscribers will not be eligible to receive the Discount Code.

4. General

• The Promotion is free to enter, no purchase is necessary.
• By entering, all participants will be deemed to have read, accepted and be bound by these terms and conditions, any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
• In entering the Promotion, participants confirm that they are eligible to do so and are eligible to redeem the Discount Code. The Promoter may require participants to provide proof of such eligibility. By entering the Promotion, all participants warrant that all information submitted by them is true and accurate.
• The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these terms and conditions, relevant laws and/or regulations and/or third party rights.
• If the Promoter subsequently discovers any redeemer of the Discount Code is ineligible, has breached these terms and conditions or is suspected of engaging in any other foul play or unethical conduct, then the Promoter reserves the right (at its absolute discretion) not to honour the Discount Code to that participant.

5. Limitation of Liability

• The Promoter is not responsible for any damage or loss suffered by any participant where such damage or loss was not at the time the entry into the Promotion made a reasonably foreseeable consequence of a breach of these terms and conditions or if the Promotion does not run as planned.
• The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.
• Nothing in these terms and conditions shall operate to exclude the Promoter’s liability:
  • for death or personal injury as a result of its negligence;
  • for fraud; or
  • further than is permitted by law.

6. Data Protection and Publicity

• By entering the Promotion, participants acknowledge that the Promoter (and its group companies on its behalf), may process, store, distribute and/or use the information (including personal data) participants provide in their entry and in the process of entering for the following purposes which are in the Promoter’s legitimate interests under data protection laws:
  • to enable it to administer a participant’s entry including deciding whether it accords with these terms and conditions;
  • to fulfil the Discount Code;
  • to share with organisations or agents assisting with the conduct of the Promotion and fulfilment of the Discount Code; or
  • for any other reasonable and related promotional purposes.
• For the purposes of the Promotion, the Promoter will only disclose participants’ personal data to those of its group companies and third party service providers who need it for the purposes listed in paragraph 6.1 above.
• For further information about how the Promoter uses personal data and the rights available under data protection laws, please read the Promoter’s privacy policy at https://whitehallvineyard.co.uk/privacy-policy/

7. General

• The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice. The Promoter reserves the right to cancel or amend these terms and conditions at any time without prior notice.
• By entering the Promotion, the participant indemnifies the Promoter against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the participant of any agreement, conditions, obligation or warranty on the part of the participant herein. The participant hereby waives and releases the Promoter and each of its parent, affiliated, subsidiary and/or related entities and parties from any claim, action or demand arising out of or in connection with the use of the entry.
• These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.