Supply of Goods Terms and Conditions
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. 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.
1.3. Legal Rights. You may have heard references to the “statutory” or “legal” rights which consumers always have in the United Kingdom. Nothing in these Terms of Sale will affect those legal rights. - INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. From a legal perspective, the company that you have a contract with depends on which products you have purchased:
2.1.1. If you are purchasing alcohol, we are Massingberd-Mundy Distillery Ltd, a company registered in England and Wales under company no. 13294198;
2.1.2. If you purchase any other products or services from us excluding alcohol, we are South Ormsby Trading LTD, a company registered in England and Wales under company no. 10878962
2.2. How to contact us. You can contact our customer service team by email at massingberd-mundy@southormsbyestate.co.uk. You can also contact us by post at our registered office, South Ormsby Hall, Louth, Lincolnshire, LN11 8QS.
2.3. 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.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. - OUR CONTRACT WITH YOU
3.1. 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.
3.2. 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.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK. - OUR PRODUCTS
4.1. 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. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may vary slightly.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3. Certain of our products can only be purchased if you, and any intended recipient, satisfy the legal age requirement for that product. We are not legally allowed to supply these products to you if these age requirements are not satisfied. As such, if you are underage, please do not attempt to order these products. Similarly, it is against the law to order such age-restricted products for someone under the required age. The main requirements are that you / the recipient must be at least 18 years of age for you to purchase any alcoholic beverage.
4.4. Volume restrictions. Some of our products can be very popular. As such, to make sure as many of our customers can enjoy them as possible, we reserve the right to limit the number of products that can be included in an order or by ordered by any individual customer. - 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
6.1. Revisions to these terms. We may revise these Terms and conditions at any time by amending this page. We recommend you check this page from time to time to take note of any changes we have made, as they are binding on you if you place an order after such changes have been made.
6.2. Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements. - PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. When we will provide the products. During the order process, we will let you know when we will provide the products to you. Please note that any delivery times provided are only estimates and cannot be guaranteed.
7.3. 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.
7.4. Collection by you. At certain times, collection of products from the estate may be available. This will be indicated on our website along with the collection point and the opening times.
7.5 Receipt of the products. By placing an order for delivery to an address, you authorise us to deliver to one of the following recipients:
7.5.1. any person present at that address at the time of delivery; or
7.5.2. if there is no one at that address, and we are unable to contact a neighbour, deliver the Products in accordance with Clause 7.6 below.Your products will be considered to be delivered once any of these steps are completed.7.6. 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 cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.7.7. If you do not re-arrange 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 2 will apply.7.8. Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
7.8.1. we have refused to deliver the products;
7.8.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.8.3. you told us before we accepted your order that delivery within the delivery deadline was essential.7.9. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.8 above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.10. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery.
7.11. When you become responsible for the product. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.12. You own the Products after they have been transferred during a successful delivery.
7.13. What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, we may require proof of age where you purchase alcohol. 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 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.
7.14. Receipt of age-restricted products. We reserve the right to request proof of age from the person signing for the delivery. In the event that we are not satisfied that the recipient of the products is old enough to order or consume the product, we may refuse to deliver the products and either seek to re-arrange delivery or cancel the order. We will have no liability to you in the event that we cancel an order in these circumstances.
- YOUR RIGHTS TO END THE CONTRACT
8.1. 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 and when you decide to end the contract:
8.1.1. If what you have bought is misdescribed 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;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 2; or
8.1.3. If you have just changed your mind about the product, see clause 3.8.2. 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 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
8.2.2. 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;
8.2.3. there is a risk that the supply of the products may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the products for legal or regulatory reasons, or notify you we are going to do so, in each case for a period of more than 2 weeks; or
8.2.5. you have a legal right to end the contract because of something we have done wrong.8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days after the date on which you receive the products and receive a refund. Nothing in these Terms of Sale affects that legal right of return. If you wish to exercise the right to change your mind, please contact us within the 14-day period following delivery.
8.4. When you do not have a right to change your mind. If we sell you a product which is perishable, or which has been sealed for health protection or hygiene purposes, you do not have the right to change your mind once you receive it. You can still receive a refund if the product is not as described, or faulty in some way (e.g. a bottle has cracked). - HOW TO END THE CONTRACT WITH US
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by contacting us using the details set out in clause 2.2 above.
9.2. 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. Please contact massingberd-mundy@southormsbyestate.co.uk to discuss before returning any products. If you are exercising your right to change your mind you must send off the products within 14 days of telling us, you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed;
9.3.2. if you are exercising your right to change your mind; or
9.3.3. 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, you must pay the costs of return.9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.9.5. How we will refund you. 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:
9.5.1. 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.
9.5.2. 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 products, if this has been caused by your handling them in a way which would not be permitted in person. If we refund you the price paid before we are able to inspect the returned products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.9.6. When your refund will be made. We will make any refunds due to you as soon as possible.
- OUR RIGHTS TO END THE CONTRACT
10.1. 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:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2. 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 to you; or
10.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw any of our products. We may write to you to let you know that one or more of our products will be discontinued. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. - IF THERE IS A PROBLEM WITH THE PRODUCT
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us using the details set out in clause 2.2 above.
11.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage or collection. - PRICE AND PAYMENT
12.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
12.2. 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.
12.3. 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.
12.4. When you must pay and how you must pay. We accept payment with Visa Debit, Visa, Mastercard, American Express, Discover, Diners, Maestro, Union Pay and PayPal. You must pay before we dispatch any products to you.
12.5. 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. - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. 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. 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.
13.2. 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; or for breach of your legal rights in relation to the products.
13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. - HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
- OTHER IMPORTANT TERMS
15.1. We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
15.4. 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.
15.5. 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.
15.6. Which laws apply to this contract and where you may bring legal proceedings. 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.