terms & conditions
Terms of use of and access to this Website and Privacy Policy ("Terms")
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
This Website at www. or any other website address as directed by us ("Website") and Privacy Policy ("Terms") is operated by John Harvey & Sons Limited ('our', 'we' or 'us') (Registered in England, Company Number: 05643279 and VAT number: 863151630)
In particular, we draw your attention to clauses 6 (Information you provide to us), 8 (Applicability of online materials) and 12 (Liability).
By clicking on the button marked 'I Agree (to the Terms)' and/or by using or accessing our Website, you agree to be legally bound by the Terms as they apply to your use of or access to our Website.
If you do not wish to be bound by these Terms then you may not use or access our Website.
2. Nature of our Website
Our Website is a place for you to select and order selected wines and spirits (the 'Products'). Our Website describes the Products in more detail.
Please note that our Website is available only to individuals who can form legally binding contracts under applicable law and who are of an age which is legal for the purchase and consumption of alcoholic beverages (18 years of age or over in the UK). If delivery of any Products is not accepted by a person who can produce proof of age we or any carrier acting on our behalf reserve the right to refuse delivery and retain possession of the relevant Products. If you do not qualify, click here to leave our Website now.
The Website is provided on an "as is" basis and we accept no responsibility for inter alia
2.3.1 any service disruption or interruptions;.
2.3.2 the unavailability of particular features or services;
2.3.3 the inability to access the Website;
2.3.4 failure or inability to post Content on the Website;
2.3.5 the deletion of Content posted on the Website; and
2.3.6 the failure to store Content posted on the Website.
3. Buying products on our Website
To order a product you will need to follow the ordering procedures set out on our order page. Details of prices for the Products, and the procedures for payment and delivery are displayed on our Website.
Products are offered for sale subject to stock availability and any times or dates stated on our Website for delivery are estimates only. We will make all reasonable effort to deliver Products within the time specified, but we do not accept liability for any failure to deliver within that time.
We will inform you of the non-availability of any Products ordered by you within 30 days of the date of your order and, if we have made a payment, we will refund your credit/debit card with the full amount paid in respect of such Products as soon as possible and within 30 days of your order via the relevant merchant banking system operated/used by us. You must pay by credit or debit card accepted by us at the time of ordering.
3.4.1 The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. The prices are exclusive of delivery costs and inclusive of applicable taxes.
3.4.2 We are entitled to refuse any order placed by you for whatever reason including amongst other reasons incorrectly priced Products and the non-availability of Products. We will confirm acknowledgement of your order by online electronic means ('Confirmation') to the email address you have given us on registration or on ordering. Confirmation does not constitute acceptance of your order which only occurs upon dispatch of the Products. We will then use all reasonable effort to fulfill the order by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
You undertake that all details you provide to us for the purpose of purchasing goods offered by us on our Website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details and take payment for Products ordered before dispatching any such Products.
As stated in clause 3.4.1 above, prices are exclusive of delivery costs.
3.6.1. We will charge ₤ 8.47 + V.A.T. for deliveries equal or under ₤250 (excluding V.A.T.) or fewer than 24 bottles.
3.6.2. Orders over ₤250 or 24 bottles will be delivered free.
Subject to clauses 4.1 and 4.2 below you must notify us immediately (or in any event within 2 working days) upon receipt of Products if any of the Products are damaged or broken in any way. Failure to do so immediately (or in any event within 2 working days) will mean you are deemed to have received the Products in good condition.
We retain ownership of any Products until we have received full payment for such Products. Risk in the Products passes to you immediately upon delivery.
We reserve the right to refuse delivery in the event that delivery cannot be taken by a person 18 years of age or over.
4. Returns
You may return any Products you have purchased from us within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from us, which will be paid as soon as possible, but within 30 days. You must arrange for and pay the costs of returning the Products to us. On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
If Products delivered are not what you ordered, or do not correspond with their description or are not of a satisfactory quality we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
If you have any complaints, you should direct them to us via email at WebEnquiries@Johnharveyandsons.com or telephone us on 01403 222600 / 0800 434 6602 or by post to John Harvey & Sons Limited, Prewetts Mill, Worthing Road, Horsham, West Sussex, RH12 1ST.
5. Modifications to Website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these Terms.
Please note that although we try to ensure that the content of our Website is accurate, our Website may contain typographical errors or other inaccuracies.
6. Information you provide to us
The following applies to any information you provide to us, for example during any registration or ordering process.
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').
- If you obtain or choose to buy Products through our Website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
- You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy.
By accepting these Terms, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should contact us as described in our Privacy Policy.
In addition, the following also applies to all messages, emails, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
- you must own or have the right to submit Content for publication on our Website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
- you must ensure that all Content submitted to us does not infringe the copyright, design rights, privacy, publicity rights, data protection rights, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- you must ensure that the Content does not advertise or otherwise solicit for funds and is not a solicitation for goods or services; and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us, except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
You warrant and undertake to us that you will not use our Website for any purpose that is illegal or prohibited by these Terms, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms then your permission to use this Website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms.
7. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use of our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
Although we have taken reasonable precautions to ensure our Website is secure, and we believe it is secure, we do not provide any undertaking nor do we accept any liability should there be a breach or failure of security.
8. Applicability of online materials
Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
Our Website is controlled and operated by us. Where material, content or information published on the Website is supplied by third parties including Content ("Third Party Content"), you understand that we do not control or endorse such Third Party Content in any way. All Third Party Content, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such Third Party Content (whether published on or offline) and the use of such Third Party Content. You assume total responsibility and risk for your use of our Website and use of all information including Third Party Content contained within it and/or displayed on it.
We have used our reasonable endeavours to ensure that our Website complies with UK laws. However, we make no representations that the materials and information on our Website including Third Party Content are appropriate or available for use in jurisdictions outside the UK. Those who visit our Website from other jurisdictions do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or information on our Website or Products offered through our Website are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use our Website and you must exit immediately.
We make no representations and give no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright and monitoring
The content and information on our Website are protected by international copyright laws and other intellectual property rights. We or our Affiliates or other third party ie including contributors of Third Party Content are the owners of those rights. All product and company names and logos mentioned in our Website are the trade marksor service marks or trading names of their respective owners, including us. You may download material from our Website for the sole purpose of placing an order with us or using our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
10. Linked sites
Although we are keen to increase usage of this Website we do not authorise any linking with other Websites without our prior written approval. Contact us with full details of your proposed linked Website and we shall notify you in writing if we consent to the creation of the relevant link.
We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12. Liability
We use our reasonable endeavours to ensure that Products you purchase from our Website will correspond with the descriptions we have given to you and will be of satisfactory quality.
We use our reasonable endeavours to ensure that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any Products (including, without limitation the Products), our Website or any information provided through our Website.
We do our best to ensure that all materials and information published on our Website are accurate, but please note that all content, materials and information on our Website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our Website and use of all content, materials and information contained within and/or displayed on it.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product(s) concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and acceptability of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights which cannot be excluded and only apply to the extent permitted by applicable law.
13. General
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms at any time.
We may alter these Terms from time to time and post the new version on our Website, following which all use of our Website will be governed by that new version. You must check the Terms on the Website regularly.
These Terms (including the Privacy Policy), any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any other statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms order form and payment method instructions.
If any provision or term of these Terms shall be or become declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the Terms and shall be deemed to be deleted from them.
These Terms and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
We are signatories to Portman Group Code of Practice which regulates the naming, packaging and promotion of alcoholic products.
These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999
14. Notices
All notices shall be given:
- to us via e-mail at WebEnquiries@Johnharveyandsons.com or by post to John Harvey & Sons Limited, Prewetts Mill, Worthing Road, Horsham, West Sussex, RH12 1ST; or
- to you at either the email or postal address you provide during any ordering or registering process
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15. Replacement
These Terms replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products via our Website.