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CHARLES MURPHY WINES
TERMS & CONDITIONS OF SUPPLY
Our terms
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1. These terms
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1.1 What these terms cover. These are the terms and conditions on which we supply goods and services to you. You will be asked to confirm your express agreement to these terms and conditions when you place an order for our goods and services, via our website or otherwise.
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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 goods 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.
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2. Information about us and how to contact us
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2.1 Who we are. We are CHARLES MURPHY WINES LTD a company registered in England and Wales. Our company registration number is 12694988 and our registered office is at Middle Farm, Barrasford, Hexham, Northumberland, England, NE48 4DA. Our registered VAT number is 358107887
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2.2 How to contact us. You can contact us by telephone on +44 (0)7971 531 979 or by writing to us at office@charlesmurphywines.co.uk and Middle Farm, Barrasford, Hexham, Northumberland, England, NE48 4DA.
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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.
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2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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3. Our contract with you
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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. Before we email you, any promotion or display of goods or services on our website does not constitute an offer but is simply an invitation to you to offer to buy goods or services on these terms and conditions by selecting goods or services and a
delivery option for goods, and making payment in the indicated way to place your order. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
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3.2 We reserve the right not to supply our goods and services to you. By law, you must be at least 18 to buy alcohol in the UK, and you must not buy alcohol for anyone else who is under that age. We will not supply alcoholic goods to you if we have reason to believe you are under 18 or buying on behalf of someone who is under that age. Alternatively, we may not be able to accept your order because the goods are out of stock, 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 goods or services or because we are unable to meet a delivery deadline you have specified.
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3.3 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 goods. If you have already paid for the goods, we will refund you the full amount including any delivery costs charged as soon as possible.
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3.4 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.
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3.5 We only deliver to the UK. Unfortunately, we do not deliver to addresses outside the UK. You will need to arrange shipping of any goods purchased from us to any address outside the UK. We can recommend international shipping service providers upon request, but do not accept any liability for their services.
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4. Our goods
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4.1 Goods may vary slightly from their pictures. The images of the goods 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 goods. Your goods may vary slightly from those images.
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4.2 Goods packaging may vary. The packaging of the goods, including the bottle, bottle design and label design, may vary from that shown in images on our website.
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5. Your rights to make changes to your order If you wish to make a change to the goods and services you have ordered please contact us. It may be possible to change your order for goods before it has been dispatched for delivery. 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 goods and services, 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 -ˇ Cancellation).
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6. Our rights to make changes
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6.1 Minor changes to the goods. We may change the goods and/or its packaging (including bottles and bottle labels) to reflect changes in relevant laws and regulatory requirements.
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6.2 More significant changes to the goods and services and these terms. In addition, including as we may have informed you in the description of the goods and services on our website, we may make more significant changes to these terms or to the goods and services and/or packaging, but if we do so we will notify you and, if your order has not yet been dispatched for delivery, you may then contact us to end the contract before the
changes take effect and receive a refund for any goods and services paid for but not received.
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7. Shipping
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7.1 Delivery costs. The costs of delivery are as displayed to you in the Shipping Policy on our website.
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7.2 When we will deliver the goods and services. We will use reasonable efforts to deliver the goods to you within the periods displayed to you in the Shipping Policy on our website, and in any event within 30 days after the day on which we accept your order. If you order one-ˇoff services, we will begin the services on the date set out in the order, and the estimated completion date for the services is as told to you during the order
process. If you order ongoing services, we will supply the services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
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7.3 We are not responsible for delays outside our control. If our supply of the goods or services is delayed by an event outside our control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the goods or services, 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 or your failure, but if there is a risk of substantial delay of more than 30 days as a result of an event outside our control, you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
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7.4 Collection by you. You can ask to collect the products from our premises. To do this, you must contact us at office@charlesmurphywines.co.uk to arrange a specific collection date and time.
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7.5 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
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7.6 If you do not re-ˇarrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-ˇarrange 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-ˇarrange delivery or collection we may end the contract and clause 10.2 will apply.
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7.7 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us. Until you own the goods, you will take possession of it as our fiduciary agent and bailee and, if you are a business customer, you must store it separately from other products and make sure it is clear that it is owned by us.
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7.8 When you own goods. You own the goods once we have received payment in full or upon delivery, whichever is later.
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7.9 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 goods or services to you, for example, a full geographical address and contact telephone number, or specific product requirements. If so, this will have been stated as part of the order process and/or in the description of the goods or services 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 goods or services 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.
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7.10 Reasons we may suspend the supply of goods or services to you. We may have to
suspend the supply of a wine to you if:
(a) we learn you are not of the required legal age of 18 to purchase alcoholic products in the UK or you are buying on behalf of someone who is under 18;; or
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(b) we need to make changes to the goods or services or packaging to reflect changes in relevant laws and regulatory requirements (including in relation to the storage or delivery of liquid products), or as we notify to you (see clause 6).
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7.11 Your rights if we suspend the supply of goods or services. We will contact you in advance to tell you we will be suspending supply of the wine, unless the problem is urgent or an emergency. If we have to suspend the supply for longer than 30 days, we will adjust the price so that you do not pay for goods or services while supply is suspended. You may contact us to end the contract for goods if we suspend it, or tell you
we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for goods in respect of the period after you end the contract.
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7.12 We may also suspend supply of the goods or services if you do not pay. If you do not pay us for the goods or services when you are supposed to (see clause 12.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods or
services. We will not suspend the goods or services where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the goods and services during the period for which they are suspended. As well as suspending the goods or services we can also charge you interest on your overdue payments (see clause 12.6).
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8. Cancellation and returns: your rights
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8.1 Defective goods and services. If goods are faulty, damaged or mis-ˇdescribed when you receive it, including if the seal on a bottle or other packaging was already broken, you can return it to us and we will offer you a credit or refund for the price of the goods or you can ask us to replace the goods. If you think there is anything wrong with a service we have provided, you can ask us to repeat or fix the service if it's not carried out
with reasonable care and skill, or request some or all of your money back if we can't fix it.
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8.2 Right to change your mind. You may end the contract for any reason and receive a refund if you notify us of your decision to cancel the contract within 30 days from the date on which the products are delivered or 30 days from the date on which we accept
your order for services. However, you may not end the contract and will not be entitled to a refund if:
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(a) after their delivery, the goods have been damaged by you or you have removed them from their original packaging;;
(b) after their delivery, you have broken the seal on the bottle or other packaging of the goods;;
(c) after their delivery, any of the goods have become mixed inseparably with other items after their delivery;; or
(d) the services have been completed and we are not at fault, even if the cancellation period is still running.
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If you cancel a contract for services after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
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8.3 Something we have done or are going to do. You can end the contract immediately for a reason set out at (a) to (e) below, in which case we will refund you in full for any goods and services 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 certain goods 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 goods or services you have ordered and you do not wish to proceed;;
(c) there is a risk that supply of the goods or services may be significantly delayed because of events outside our control;;
(d) we have suspended supply of the goods or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days;; or
(e) you have a legal right to end the contract because of something we have done wrong.
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8.4 Telling us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
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(a) Email. Email us at office@charlesmurphywines.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Middle Farm, Barrasford, Hexham, Northumberland, England, NE48 4DA, including details of what you bought, when you ordered or received it and your name and address. You can use the model cancellation form at the end of these terms and conditions.
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8.5 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or deliver them back to us at or Middle Farm, Barrasford, Hexham, Northumberland, England, NE48 4DA. Please email us at office@charlesmurphywines.co.uk for a return
label. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract. You must ensure the goods are returned in a safely packaged way so that no (further) damage can occur during return delivery. Please see clause 9.1 to understand who must pay the costs of return.
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8.6 Event and party orders
For large orders for events and parties, we offer a sale and return service so long as the returns are at not more than 50% of the total order, and you must pay the costs of return. Please contact us to discuss this.
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9. Refunds
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9.1 When we will pay the costs of return. We will pay the costs of return if:
(a) the goods are faulty, damaged or mis-ˇdescribed when you receive them, including if the seal on a bottle or other packaging was already broken;;
(b) you are ending the contract because we have told you of an upcoming change to the goods 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 exercising your right to change your mind) you must pay the costs of return.
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9.2 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
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9.3 How we will refund you. We will refund you the price you paid for the goods including where appropriate delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
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9.4 Deductions from refunds if you are 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 maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) in the case of services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
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9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, 14 days from the day on which you provide us with evidence that you have sent the goods back to us.
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9.6 Event and party orders In the event you need to return 50% or less of a large event or party order (made under clause 8.6) we will refund the price of unused goods returned to us in accordance with this contract, provided that you pay for the costs of returning the unused goods and to us.
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10. Our rights to end the contract
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10.1 We may end the contract if you breach it. We may end the contract for supply of goods and services at any time by writing to you if:
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(a) 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;;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or services;
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us;
(d) you commit any material breach of this contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so.In addition, if you are business customer, we may end the contract for supply of goods or
services at any time by writing to you if:
(e) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in a jurisdiction outside the UK, in connection with any analogous procedure in the relevant jurisdiction;;
(f) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;; or
(g) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
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10.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 10.1, we will not supply the ordered goods or services. We will refund any money you have paid in advance for goods or services 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 breaching the contract.
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10.3 We may withdraw goods or services. We may write to you to let you know that we are going to stop providing certain goods or services. We will let you know at least 30 days in advance of our stopping the supply of the goods or services and will refund any sums you have paid in advance for goods and services which will not be provided.
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10.4 Rights and remedies not affected. Ending the contract will not affect your or our rights and remedies that have accrued as at its termination.
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10.5 Some rights will continue. Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
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11. If there is a problem with the goods or services
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11.1 How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can telephone us on +44 (0)7971 531 979 or write to us at office@charlesmurphywines.co.uk or Middle Farm, Barrasford, Hexham, Northumberland, England, NE48 4DA.
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11.2 Summary of your legal rights.
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IF YOU ARE AN INDIVIDUAL CONSUMER NOT ACTING FOR A BUSINESS
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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 goods and
services. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights
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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 get an immediate refund for up to 30 days if your goods are faulty.
There are certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
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IF YOU ARE A BUSINESS CUSTOMER
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We warrant that on delivery the goods shall:
(a) subject to clause 4, conform in all material respects with their description;; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and we will provide services with reasonable skill and care. Except as expressly stated in this contract, we do not give any representations, warranties or undertakings in relation to the goods or services. Any representation, condition or warranty which might be implied or incorporated into this contract by statute,
common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods and services are suitable for your purposes.
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11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must return them to us. Please see clause 8.5 for how to do this.
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12. Price and payment
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12.1 Where to find the price for the goods and services. The price of the goods or services (which includes VAT unless expressly stated otherwise) 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 goods or services advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the goods
or services you order.
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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 goods or services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods or services in full before the change in the rate of VAT takes effect.
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12.3 Delivery costs. For larger orders, the price of the goods ordered may include costs of delivery. The delivery costs are as displayed to you in the Shipping Policy on our website.
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12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods and services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods or services' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods or services' 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 unmistakable 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.
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12.5 When you must pay and how you must pay. We accept payment with credit and debit cards. You must pay for the goods and all delivery charges before we dispatch them. For services, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice.
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12.6 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 8% 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.
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12.7 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.
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13. Our responsibility for loss or damage suffered by you
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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, 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.
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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;; for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);; for any other liability that cannot be limited
or excluded by law;; or, if you are a consumer, for breach of your legal rights in relation to the goods and services.
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13.3 We are not liable for business losses. We only supply the goods and services for domestic and private use if you are a consumer, or for internal business use if you are a business, and not for resale. If you use the goods and services for any commercial, business or re-ˇsale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
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13.4 Our total liability to you. Subject to clause 13.2, our total liability to you for all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the price of the goods and services.
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14. How we may use your personal information
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14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
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15. Other important terms
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15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
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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.
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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.
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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.
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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 goods and services, we can still require you to make the payment at a later date.
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15.6 Which laws apply to this contract and where you may bring legal proceedings. In relation to these terms, their subject matter and their formation: they are governed by English law and you and we agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a consumer rather than a business, if you live in Scotland you can bring legal proceedings in respect of the products in either the
Scottish or the English courts, and 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.
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Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To CHARLES MURPHY WINES LTD, Middle Farm, Barrasford, Hexham, Northumberland,
England, NE48 4DA
(Telephone: +44 (0)7971 531 979;; Email: office@charlesmurphywines.co.uk)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
[*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.