Terms of Sale

Terms of Sale for Consumers

If you are a trade customer please call us on 0114 2 47 9127

Online shopping – terms of sale

These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which Lightfoot Limited, a company incorporated in England and Wales (registered number 06459647 with its registered and trading address at 6 Shepcote Office Village, 333 Shepcote Lane, Sheffield, S9 1TG), provides products to you www.lightfootwines.co.uk (“Lightfootwines / website”) Our VAT number is  xxxxxxxxxxxxxxxx.

All products are sold to you by Lightfoot Limited and we are not acting on behalf of another seller.

Our contact details are;
Telephone: 0114 2479127, Email: sales@kynsman.com

Acceptance

1. Accepting these Terms of Sale when you purchase alcohol, gifts and other items from Lightfoot Online

1.1      When you order products from LightfootWines you will be bound by these Terms of Sale. Please take a moment to read these carefully before you order any products on this website. As part of the order process you will be asked to confirm that you accept these Terms of Sale by ticking a box. If you do not accept these Terms of Sale, do not tick the box. However, you will not be able to order the products from lightfootwines.co.uk.

1.2      These Terms of Sale are available on the website without going through the order process but you may wish to print a copy of these Terms of Sale for future reference.

Ordering

2. Placing your order, checking, payment and contract creation

2.1      Before you access the website and at the end of the order process we will ask you to confirm that you are aged over 18 as this is a site that sells alcohol. We will ask for the month and year of your birth to verify this. It is your responsibility to provide this information accurately. We also follow the challenge 25 principles (see http://www.challenge25.org/) when delivering an order containing alcohol. Consequently, please make sure that a person aged 18 or over (with appropriate identification available if under 25) is available to accept the order if you are not able to do so.

2.2      You can build up your order by adding products to the shopping cart as you browse Lightfootwines. Some items may have minimum purchase quantities and this will be marked alongside the product and included as a prompt as you add the item.

2.3      When you are ready to do so click to proceed to checkout. The items you have chosen will be shown on a new screen which you can check and amend before confirming the accuracy of the order and proceeding to the delivery screen.

2.4      If this is your first purchase from LightfootWines you will be prompted to create an account with us or if you have an existing account with us please use those login details.

2.5      You will then be prompted to provide your shipping details. Various delivery options and costs will be listed for selection. Depending on the value of your order and current offers you may be prompted to order extra items in order to qualify for free delivery. Selected delivery costs will be added to the order. Delivery timing is referred to further below.

2.6      Please check your order again and click the box to confirm that you agree to these Terms of Sale and wish to proceed to payment. It is your responsibility to ensure that your order is correct before submitting it to us.

2.7      Payment is taken from you via a separate, secure, third party payment website. When payment has been confirmed by the third party we will send an order acknowledgement to the email address you provided detailing the products you have ordered and the payment taken from you. You should check the order acknowledgement email for accuracy and let us know immediately if there are any errors. The order acknowledgement email does not constitute acceptance of your submitted order.

2.8      Order acceptance and the completion of the contract between you and us will take place when we send you an email notice that the order is ready for despatch or any earlier confirmation of the contract in writing unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below. Title will pass on delivery of the products, provided that we have processed and received payment in full for the order.

2.9      We reserve the right not to accept your order if (i) product(s) you ordered is not available from stock (ii) we are unable to obtain authorisation for your payment,(iii) a price or product description error is identified (iv) your address is outside of our delivery range (v) delivery has previously been difficult to achieve to the delivery address given or there have been previous issues regarding compliance with our challenge 25 policy or (vi) you do not meet the eligibility to order criteria set out in the Terms of Sale. If any of the above apply we will notify you by email and refund your payment card in full within 14 days.

2.10      If you wish to make a change to your order after payment but before a binding contract arises as provided in section 2.8 above, 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 cancel the order (see section 4 below). If a binding contract has been made already you may still change your mind – section 4.1 for details of how you do this. If a delivery has already been scheduled and we cannot cancel this in time the goods must still be returned to us in accordance with section 4.1.

Delivery

3. Delivery

3.1      We deliver to addresses in mainland UK only. Most postcodes will qualify for standard delivery charges however, delivery to some remote locations may be subject to a surcharge. See the Delivery Costs section of our Website for details of affected postcodes.

3.2      We aim to deliver your order to you within 10 working days of the acknowledgement of order email and no later than 30 working days (subject to clause 2.9 and this clause 3.2) (i.e. any day that is not a Saturday, Sunday or bank holiday). If the address is incorrect the order may be delayed or may not arrive at all.

3.3      Our deliveries are made by third party carriers. When your order has been despatched, you will receive an email to confirm that your order is on its way. You will have the opportunity to make arrangements with the courier to arrange new date / time if the delivery details given by the courier are not convenient.

3.4      For all Next Day and Named Day deliveries and some standard deliveries including deliveries of hampers and higher value/volume orders and in some deliveries of alcohol, a signature will be required. If you are out, the delivery driver will attempt delivery to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. Where the delivery contains alcoholic 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 25.

3.5      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 provided 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.

3.6      Some standard deliveries do not require a signature. If you are out, the delivery driver may be able to leave your order for you in a safe place, if it is not visible from the road and not exposed to weather conditions which may affect the product or its packaging. If this is not possible, the delivery driver will attempt delivery to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re-delivery. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.

3.7      If delivery 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. We are not liable to you for any losses caused by late delivery, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.

Cancellation and returns

4. Cancellation and Returns

4.1      Consumer rights under the Consumer Contract Regulations

a) As a consumer you can change your mind and receive a refund from the point the contract is binding until after you have received the delivery provided that (i) provided that you exercise your right no longer than 14 days after the day on which you receive the goods and (ii) the goods were not made to your specification, been personalised or are by reason of their nature non-returnable ( e.g. because you have opened the bottle, box of chocolates) or are liable to deteriorate or expire rapidly (including all perishable goods such as food and fresh flowers).

b) If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them and you must inform us of your decision to cancel your purchase by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.

c) If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

d) You must return the goods to us within 14 days of your notice of cancellation and at your own cost. We will arrange to collect the cancelled goods where you agree to pay us for these charges (or otherwise agree that we can deduct this from the refund due to you).

4.2      Faulty products and complaints

a) If you have any questions or complaints about the product or in the unlikely event your delivery has arrived damaged you can telephone us on 0114 2479127 or email us at sales@kynsman.com.

b) Any issues concerning damaged on delivery, missing, incorrect or mis-described items should be reported to us within 30 days of delivery for a full refund. Please contact us with a clear statement of the fault / mis-description, including details of your name, address, details of the order concerned and, where available, your phone number and email address. We will work with you to resolve such complaints through refund or replacement, however, reports received later than 30 days this is at our discretion. It is your responsibility to report such matters which are obvious to the eye quickly.

c) If a product is faulty (i.e. corked or prematurely oxidised) we appreciate that this is not discoverable until a bottle is opened. In such instances please keep the bottle(s) for us to inspect and report the issue to us within 7 days of discovery (as above). We will contact you to discuss the issue and agree a plan of action. This may include sending a replacement bottle(s), providing a refund or arranging collection of the whole order to assess the problem. Where you report that the wine is faulty within 6 months of delivery we will accept that this fault existed at delivery and we will refund the full price of the affected product including standard delivery charges (pro rata) or replace them (at your choice).

d) After 6 months from delivery it is more difficult to prove that the fault existed at delivery. Refund or replacement after this time is at our discretion. We may arrange to collect products from you for testing. If we agree that they are faulty (and were so at delivery) we will refund the full price of the affected product including standard delivery charges (pro rata) or replace them (at your choice). If we do not agree that the products are faulty (and were not faulty at delivery) we will contact you with the choice of (i) refund of the products (excluding your original delivery charges) or (ii) redelivery of the products at your cost.

In the above clause “replace” means replacement of the same product where available or with a similar product of the same value.

Liability

5. Liability for products delivered

5.1.      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 your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. Please note that the vintage of wines displayed in images of the products on the website may differ from the vintage of the products being sold and that the image is for illustrative purposes only. Please refer to the product descriptions on the website which will set out full details of the product, including the vintage.

5.2      The contents of a hamper product are for illustrative purposes only and whilst we will make every effort to include the contents as shown we reserve the right to replace items with similar products of the same type, quality and cost.

5.3      Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the value of the order (including delivery costs) as this is the foreseeable consequence of us breaching these Terms of Sale.

5.4      Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action

5.5      We do not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence (ii) fraud or fraudulent misrepresentation (iii) any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982 (iv) any liability arising under the Consumer Protection Act 1987; or (v) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

5.6      Alternative Dispute Resolution: If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, then you can access the Online Dispute Resolution platform by visiting http://ec.europa.eu/consumers/odr/

Miscellaneous

6. Miscellaneous

6.1      These Terms of Sale set out the whole agreement between us relating to your purchase of products via the website. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the website or any products made available on the website.

6.2      If any provision of these Terms of Sale is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions.

6.3      No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

6.4      A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.

6.5      Notices served under these Terms of Sale will be deemed received 1 (one) working day after an e-mail is sent, or 3 (three) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

6.6      You will be subject to the Privacy Policy and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms of Sale before we take payment from you and despatch your order to you. In the event that there is a change to the policies and/or Terms of Sale, we will notify you of the change by e-mail before despatching your order, asking you to confirm you still wish to proceed with your order. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within 7 (seven) days of the date of our email which notifies you of the change, we will consider this as a withdrawal of your order and we will delete your payment details from our system.

6.7       These Terms of Sale are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them except if you are resident of Scotland you may bring proceedings in Scotland.

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