1. Purchasing Products on the Website and Delivery
1.1. You must be over the age of eighteen to purchase alcohol from Windrush Bay. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.
1.2. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
1.3 Each Product for which you click ‘Add to basket’ is added to a ‘shopping basket’ facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to ‘check out & deliver’. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you have clicked ‘place order’ and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. You can do this by clicking on ‘my deliveries’ whenever you are logged in.
1.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 1.3, you cannot then withdraw or cancel your order except as stated below.
1.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click ‘place order’ in the shopping basket ‘order summary’ page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
1.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
1.7. Subject to clauses 1.8 and 1.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.
1.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly. The Website still allows you to review all the Products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website.
1.9. Some our Products are priced by weight. We show the prices for weights on the Website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered.
1.10. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 4.3 below insofar as the order is for non-perishable Products.
1.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
1.12. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
1.13 All prices for Products are inclusive of the cost of delivery and any applicable VAT.
2.1. You must ensure that Windrush Bay is provided with details of a valid credit or debit card bearing either the Mastercard, Visa, Visa Electron, Delta or Switch symbol. You must update us with any change to these details within the deadlines specified on the Website. You can make changes to your payment details by updating them in the ‘My account’ section of the Website or by calling or writing to us via the contact details on the Website. Without prejudice, we accept no liability for card security if card details are emailed to us as email is by nature insecure.
2.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
2.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.
2.5. If you pay by cheque we cannot guarantee when this will be paid in by us and when the amount will be taken from your account.
3. Delivery of Products and inspection by you
3.1. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.
3.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
3.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you.
3.4. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
3.5. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited.
4. Cancellation rights
4.1. Windrush Bay may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
4.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using FairEssentials’ services.
4.3. In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone (0203 287 2490), email (firstname.lastname@example.org) or post (FairEssentials Ltd, Dalton House, 60 Windsor Avenue, London SW19 2RR). We will arrange with you to collect or have you return any such non-perishable goods; we will credit your payment card with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website.
4.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
Please contact us within 48 hours if there is a problem with any item in your order. We will only exchange faulty products with 48 hours notice from the date you receive your delivery.
Personalised items cannot be returned unless they are faulty. If you have an issue with the quality of a personalised item purchased from us please get in touch as soon as possible.
6. Your statutory rights
6.1. If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
6.2. It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
7. Password and security
7.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the ‘My account’ section of the Website.
7.2. If Windrush Bay has reason to believe that there is likely to be a breach of security or misuse of the Windrush Bay Website, we may require you to change your password or we may suspend or cancel your account.
7.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Windrush Bay Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Windrush Bay or use the Windrush Bay Website. If you continue to use the Windrush Bay Website after the date on which the change comes into effect, your use of the Windrush Bay Website indicates your agreement to be bound by the new Terms and Conditions.
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