HORNEYWINK LIMITED
TERMS & CONDITIONS
1. About Us
These Terms & Conditions apply to use of the website at www.horneywink.com and the purchase of products from Horneywink Limited (“we”, “us”, “our” or “the Company”).
The Company is registered in England & Wales with company number 14613510 and our registered office is: Horneywink Orchards Mylor Downs Falmouth Cornwall TR11 5UL.
You can contact us at:
- Email: info@horneywink.com
- Telephone: 07340 076747
The Company’s VAT number is: 510 7776 93
2. Eligibility to Purchase Alcohol
You must be at least 18 years old to purchase alcohol from our website.
By placing an order containing alcohol, you confirm you are aged 18 or over and the recipient of the alcohol is also aged 18 or over.
We reserve the right to carry out age verification checks before accepting or delivering an order, refuse or cancel any order where we reasonably suspect a person is under 18 and require valid photographic identification upon delivery.
Deliveries containing alcohol may only be accepted by a person aged 18 or over. Our delivery partners may refuse delivery where suitable identification is not provided.
It is a criminal offence to purchase alcohol on behalf of a person under 18.
3. Access to and use of website
Access to this site is a temporary right granted which we may suspend or remove at any time, temporarily or permanently, at our discretion. We have no liability to you if the site is not available to you at any time, for whatever reason. You must only use the website for lawful purposes.
In using this website, you also agree to our other policies which apply to you. as follows:
Your personal data will be processed in accordance with our Privacy Policy
You agree not to misuse our website or interfere with website security or introduce malicious software or use automated systems to extract data without permissions. We reserve the right to suspend or restrict access where misuse is suspected.
Where you submit reviews, comments or other content, you grant us a non-exclusive, royalty-free licence to use and display that content.
We reserve the right to remove any content which is unlawful, defamatory, abusive misleading or otherwise infringes any third-party rights.
4. Products
We make reasonable efforts to ensure product descriptions, photographs, pricing and availability are accurate.
However, colours and packaging may vary slightly from images shown online, vintage, batch, ABV and flavour profiles may vary slightly between production runs and all products are subject to availability.
We also reserve the right to discontinue products at any time.
5. Merchandise
Merchandise sizing information is provided for guidance only and you are responsible for checking sizing and product specifications before ordering.
6. Placing Orders
When you place an order, you are making an offer to purchase products from us. Your order is only accepted when we send you an order confirmation email confirming dispatch of your goods.
We will aim to dispatch orders within 7 working days of receipt.
Minimum purchase orders of cider are one case of 4 x 375ml bottles and all orders are subject to availability
7. Our rights to refuse or cancel your order
Once you have placed an order with us, we cannot guarantee that we will be able to accept your order. An automated email will be sent to you confirming receipt of your order. This is generated automatically and does not mean that we are in a position to accept your order.
We may need to refuse or cancel your order for various reasons, , including where products are unavailable, payment cannot be authorised, pricing errors occur, age verification requirements are not satisfied or where we reasonably suspect fraudulent activity.
If we need to refuse or cancel your order, we will let you know and if we cancel an order after payment has been taken, we will provide a refund.
8. Prices and Payment
All prices are shown in pounds sterling (£) and include VAT where applicable.
Payment must be made in full before dispatch and delivery charges are displayed during checkout before payment is completed.
We use third-party payment processors and do not store complete payment card details.
9. Delivery
We currently deliver to addresses within the United Kingdom only and estimated delivery times are provided for guidance and are not guaranteed.
Risk and ownership in the products passes to you once delivery is completed.
You must ensure that someone over the age of 18 years old is present on the delivery date at the address you have given us for delivery. If nobody aged 18 or over is available to accept delivery of alcohol products, our courier will usually (but is not required to) attempt to deliver on one further occasion. If the courier’s policy is not to re-deliver or re-delivery is unsuccessful then the products will be returned to our warehouse and we may cancel your order.
10. Cancellation Rights
In accordance with the Consumer Contracts Regulations, customers have the right to cancel certain online purchases within 14 days after receiving the goods – so, to cancel your order you must inform us by a clear statement (for example a letter sent by post or an email) within 14 days of receiving the goods, you can do so by using the cancellation form accessed via the following link: cancellation form before the 14 day period expires.
Where possible, returned items must be in their original condition and, where practicable, include their original packaging. You must return the products to us at Horneywink Limited, Mylor Downs, Falmouth, TR11 5UL.
You are responsible for the return postage costs.
Once we receive the products back from you, or evidence that you have returned them, we will refund you within 14 days, using the same payment method you used to pay for the products.
You will receive a full refund of the amount you paid for the products and for the delivery of the products to you unless:
- you have used the product beyond what would be reasonable in a shop (for example, opening the seal), in which case we may make a reasonable deduction from the refund to take account of the loss in value of the products as a result of that use; or
- you selected a premium postage option, in which case you will only receive reimbursement to the value of the products plus the basic delivery charge.
The above rules do not apply to faulty, damaged or incorrect goods – see clause 11 below.
11. Faulty, Damaged or Incorrect Goods
You have statutory rights if goods are faulty, not as described, unfit for purpose, or does not meet the description given on our website, so please ensure you inspect goods promptly on delivery and notify us as soon as possible if there is a problem. Nothing in these Terms limits your statutory rights.
12. Promotions and Discount Codes
Promotions and discount code are subject to availability, may be withdrawn at any time, cannot usually be combined unless stated otherwise and have no cash alternative.
We reserve the right to refuse promotional codes where misuse is suspected.
13. Intellectual Property
All website content and intellectual property, including logos, trademarks, branding, photographs and video content, product descriptions and designs (“Materials”), are owned by or licensed to the Company and are protected by law.
All rights in the Materials are reserved to the Company. You may not reproduce, distribute or commercially use website content without our written permission. You must not copy or remove or modify any Materials in any way, and you must not use any illustrations, images, video or graphics for any commercial purpose without our express consent in writing.
14. Limitation of Liability
Please note that as a consumer you have legal rights in relation to your purchase of products from us. Those legal rights are not affected by the exclusions set out in this clause. Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by negligence, fraud (or fraudulent misrepresentation) or any liability which cannot legally be excluded.
Subject to the above, we shall not be liable for:
- loss of profits;
- loss of business opportunity; or
- losses arising from events beyond our reasonable control;
- loss or damage which results from you misusing the product.
15. Events Outside Our Control
Subject to the provisions of these Terms, we are not responsible for delays, failures or losses caused by circumstances outside our reasonable control, including (but not limited to) extreme weather, strikes, transport disruption, supply shortages, or technical failures.
16. Changes to These Terms
We may update these Terms from time to time. The version published on our website at the time of your order will apply to your purchase.
17. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
Any disputes are subject to the exclusive jurisdiction of the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. 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.