Terms of service

1. DEFINITIONS

In these Terms and Conditions the following words shall have the meaning set out opposite them:

1.      “the Company” shall mean Wilbur Thompson Potatoes trading as Hawkers Hill;

2.      “the Purchaser” shall mean any person, firm, company organisation from whom or from which the Company accepts an Order to supply Goods;

3.      “the Goods” shall mean and include the goods which are the subject matter of the Purchase Order as described in these Conditions and on the face of the Order;

4.      “the Order” shall mean the order placed on the Company by the Purchaser;

5.      “the Acknowledgement of Order Form” shall mean the Company’s written acknowledgement of the Purchaser’s Order, incorporating these Conditions.

6.      “working day” is 0900 to 1700 Monday to Friday, excluding bank holidays and public holidays.

2. GENERAL

All Orders for the supply of Goods by the Company are made subject to these Conditions of supply and supersede any earlier sets of terms and condition issued by the Company. Any stipulation or condition contained in any of the Purchaser’s contractual documentation delivered to the Company which would conflict with these Conditions or in any way qualify or nullify these Conditions shall be deemed to be inapplicable to the Company unless the same shall have been expressly agreed to in writing in a document signed by a director of the Company. No other employee or agent has any authority to alter or qualify these Conditions in any way, unless otherwise notified to the Purchaser in writing.

3. ACCEPTANCE AND CANCELLATION

1.      A Purchaser may purchase any Goods directly from the Company at the Company’s premises by prior appointment only. Monday to Friday 9am -5.30pm

2.      Purchaser may place an Order over the telephone or via the Company’s website, and in such circumstances the website terms and conditions will apply.

3.      The Company reserves the right to cancel any uncompleted order, or suspend delivery, if the Purchaser fails to observe or perform any obligation on the part of the Purchaser to be observed and performed, or if the Company reasonably believes that in all the circumstance that the Purchaser may do so.

4. PRICE AND PAYMENT

1.      All prices are quoted inclusive of VAT (if applicable) and other applicable taxes relating to the sale or delivery of the Goods, unless specified otherwise.

2.      Delivery charges shall be in addition to the price quoted per bottle or per case.

3.      Unless otherwise agreed in writing, payment shall be made at time of purchase either by bank transfer or debit/ credit card. Cheques are not acceptable unless by prior agreement with the company

4.      If the Purchaser’s Order is to be dispatched in instalments, payment for each bottle or case of wine will be invoiced separately at the point that that bottle or case of wine is dispatched.

5.      The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6.      Time for payment shall be of the essence. No payment shall be deemed to have been received until the Company has received cleared funds. The Purchaser shall make all payments due under this Order without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Purchaser.

5. CANCELLATIONS

1.      The Purchase may cancel the Order, for any reason whatsoever, at any time up to 24 hours from the time the Order was placed unless the order has been collected by our courier and sent out for delivery.

2.      In order to cancel an Order, the Purchaser must contact the Company in writing by email or by telephone.

3.      Once the Company has been notified of a cancellation, the Company will reimburse the price of the Goods, if payment has been already made within 48 hours from the time the Company receives notification of the cancellation.

4.      If the Purchaser wishes to cancel an Order after the expiry of the 24 hour period outlined the Purchaser may still cancel the Order up to 14 working days after the day following the delivery of the Goods. In the event that an Order has already been dispatched in whole, or in part, at the date on which the cancellation notice is received, the Purchaser must return the Goods to the Company in the same condition that it was received in, and the Company will then reimburse any payment already received within 30 days, beginning with the day on which the notice of cancellation is received by the Company.

5.      If the Purchaser does not return the Goods to the Company within 21 days of the date of the cancellation notice, the Company reserves the right to charge the Purchaser a reasonable amount in respect of the costs the Company incurs in recovering the Goods from the Purchaser. If the Purchaser fails to return the Goods to the Company, or fails to make the Goods available for collection by the Company within 30 days of the date of the cancellation notice, the Purchaser will be deemed to have accepted the Goods, at which point a new purchase order will be raised by the Company and the Purchaser will be charged for the Order at the price set out in the Company’s catalogue and publications at that time.

6. DELIVERY

1.      The price of delivery shall be quoted on the quotation and the Acknowledgement of Order and shall be part of the total price quoted to the Purchaser, except where the Purchaser is placing an Order at the Company’s premises and has agreed to take the Goods away at that time.

2.      The Company will deliver the Goods to anywhere in the United Kingdom (including Northern Ireland, the Highlands, Scottish islands, the Isle of Man and the Scilly Isles.). Delivery will be made to the address specified by the Purchaser at the time of placing the Order. The Company reserves the right to make delivery in instalments. If the Company elects to do this, there will only be a single delivery charge.

3.      Delivery will normally take place within 5 working days of the date of the Acknowledgement of Order. The Company will make every reasonable effort to deliver the Goods within 5 working days, and unless it is otherwise agreed in writing, the Purchaser shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Purchaser be entitled to claim damages or compensation. In the event that the Company is unable to make delivery within 5working days, the Company will contact the Purchaser and keep the Purchaser updated accordingly.

4.      If the Purchaser is not available at the time of delivery, the Company’s delivery agents will leave the Goods in a safe place, provided that the Purchaser has provided such instructions to the Company at the time of placing the Order. Alternatively, the Company’s delivery agents will leave a card requesting the Purchaser to arrange a more convenient delivery time.

5.      All Goods must be signed for on delivery by an adult aged 18 years or over (please see clause 8 for further information). If no one of that age is at the address when the delivery is attempted, the Goods may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery and will telephone to rearrange or will return later that day. In these circumstances, if the Company has to re-deliver the goods, a further delivery charge may become due and payable by the Purchaser.

6.      The Company reserves the right to use any method of transport for delivery, and the Goods shall be at the risk of the Company during transit.

7.      A clear receipt for the Goods shall be sufficient evidence that the Goods have been delivered in good condition.

7. RETURNS

1.      If some, or all, of the Goods are broken when they are delivered the Purchaser must notify the Company within 3 working days of the delivery date. The Purchaser may choose either to return the whole case or just the affected bottles for a refund or a replacement.

2.      Any Goods collected by the Company’s delivery agents must be in their original box to avoid further breakages, where possible.

8. AGE RESTRICTIONS

1.      It is illegal to sell wine to anyone who is under 18 years old. For this reason the Company reserves the right to refuse to accept an Order. Furthermore, the Company will not permit any Order to be transferred from the original customer to another person in order to avoid the age restrictions that it must comply with. By placing an Order the Purchaser is confirming they are at least 18 years old.

2.      If the Company’s delivery agents are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Goods is unable to produce appropriate ID, unfortunately our delivery agents will be unable to leave the Goods.

9. NOTICES

All notices to be served on the Purchaser shall be deemed to be properly served if sent by first class post (or if posted outside the United Kingdom by the local nearest equivalent to first class post) to the address given in the last written communication received from the Purchaser. A notice or demand served by first class post or the local equivalent shall be deemed duly served two working days after posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked first class or the local equivalent, addressed and placed in the post to the addressee at the address referred to above.

10. WAIVER

Waiver by the Company of a right or default under these Terms and Conditions shall not be deemed a waiver of any subsequent right or default whether of a similar nature or otherwise.

11. AMENDMENTS

No amendment or variation of these Terms and Conditions shall be effective unless in writing and signed by a duly authorised representative of all of the parties.

12. SEVERABILITY

If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this Order and the remainder of the provision shall continue in full force and effect.

13. THIRD PARTY RIGHTS

Nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term or condition.

14. ENTIRE AGREEMENT

These Terms and Conditions constitutes the entire understanding between the parties in respect of the subject matter and supersedes all prior representations, writings, negotiations or understandings and discussions between the parties relating to it.

15. LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.