TERMS AND CONDITIONS OF SALE

This notice describes the terms and conditions for Tanhurst Estate sales fulfilled via our online store. Please read these carefully. 

1.Definitions

In these Terms and Conditions the following words shall have the meaning set out as follows:

  • we/our/us/the Company” shall mean Tanhurst Estate;
  • Customer/you/your” shall mean any person, firm, company or organisation from whom or from which Tanhurst Estate accepts an Order to supply Products;
  • Recipient” shall mean any person to whom the Products are delivered to/collected by;
  • Products” shall mean Tanhurst Estate wine available for sale via the online store;
  • Order” shall mean the order placed on Tanhurst Estate by the Customer.

 

2. Orders and restrictions 

2.1 It is illegal to sell wine to anyone who is under 18 years old. For this reason, Tanhurst Estate have absolute discretion to refuse an Order if we suspect that the Customer or Recipient is under the age of 18, or that the Customer or Recipient intends to supply Products to under-18s. By placing an Order with us the Customer is confirming they are at least 18 years old. In the event that the Customer nominates another person as Recipient of the alcohol (for example as a gift etc), by placing the Order with us the Customer is confirming that the Recipient is at least 18 years old.

2.2  We may request valid photographic ID on collection or delivery. Please note we operate a ‘Challenge 25’ policy meaning that if the person receiving your delivery or collection appear to be under 25, we will need to produce a valid ID to accept your order or it will be withheld.  The only acceptable proof of identity shall be a photographic driver’s licence, a passport or an Identity Card containing the PASS Hologram.

2.3 We 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.

2.4 If an Order cannot be accepted for any reason (including for example but without limitation non-availability or withdrawal of a Product) Tanhurst Estate will promptly notify the Customer via email and, wherever possible, offer a replacement or a refund as appropriate.

2.5 Full payment for the Products is to be made at the time an Order is placed, prior to delivery.

2.6 You will become the owner of the Products you have ordered when we have received payment in full for the Products and they have been delivered to you. Once Products have been delivered to you, they will be held at your own risk and we will not be liable for their loss, damage or destruction.

3. Prices

3.1 All prices are quoted inclusive of VAT and other applicable taxes, unless specified otherwise.

3.2 All prices quoted on Tanhurst Estate’s website and publications are subject to alteration or withdrawal without notice, are quoted in pounds sterling.

3.3 Whilst every effort is made to ensure the published price of each Product is accurate, Tanhurst Estate cannot guarantee pricing will be correct in all circumstances or that all Products on the online store will be available at all times. In the event of a pricing error, Tanhurst Estate will either contact the Customer to offer the option of a replacement, a refund or fulfilment of the Order at the correct price. Tanhurst Estate will not in any event be obliged to supply Products at an incorrect price.

4. Delivery and collection of Products

4.1 Once the Customer has ordered the wine they can choose between personal collection from the Tanhurst Estate Winery at Birketts Farm (RH5 6LZ) or free local delivery (for purchases of 6 bottles or more) if they are within a 5 mile radius of Birketts Farm. We will notify the customer by email if they are eligible for free delivery and as to the exact delivery date and time.  

4.2 Collection to be by appointment. Please email us at info@tanhurstestate.co.uk or call on 07790 845112.

4.3 Deliveries shall only be made to a residential or business address.

4.4 If a Customer chooses, and is eligible for, the free delivery option we will aim to deliver the purchase within 3 working days from the date of your order. We will make every reasonable effort to deliver the Products within 3 working days but please note that a certain busy times of year e.g. Christmas, Easter, harvest etc, we cannot always guarantee delivery within the usual timeframe. In the event that we are unable to make delivery within 3 working days, we will contact the Customer and keep the Customer updated accordingly.

4.5 All deliveries must be signed for by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted, the Products will not be delivered and the delivery agent will leave a card to inform you that delivery was attempted and that the Product has been returned to the Farm. If you receive a card, please use the contact details provided to rearrange delivery or collection. In these circumstances, if the Company has to re-deliver the Products, a delivery charge may become due and payable by the Customer.

4.6 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the Farm we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7 will apply.

4.7 Products will not be left on the doorstop or any other safe place in order to ensure age restrictions are not violated. The Product may be left securely with a neighbour as long as they are aged at least 18 years of age, and the Customer has provided such instructions to us.

4.8 If us or our delivery agents are in any doubt about the age of the Recipient on delivery, or at the point of collection from the Farm, we/our delivery agents will request valid photographic ID. Please note we operate a We operate a “Challenge 25” policy which means that, even if you are over 18 years old but look under 25 years old, you should expect to be asked for some proof of age at the point of delivery (see clause 2.2). If the person receiving the Products is unable to produce appropriate ID, unfortunately we/our delivery agents will be unable to leave the Products.

5. Return of damaged or mis-discribed products

5.1 When your Products are delivered, please check the delivery carefully to ensure it is complete and no Products are damaged. In the event that your Order is visibly damaged, do not accept the Order and please return the Products to the delivery agent.

5.2 If you have accepted the Product(s) and subsequently discover that they are damaged / misdescribed or Products are missing, please contact us immediately at info@tanhurstestate.co.uk, and in any event within 2 days of delivery.

5.3 If you receive Products which are damaged, misdescribed or missing, you may be entitled to a refund, price reduction or replacement. Where a replacement is not possible e.g. because the Product is no longer available then a refund will be offered. See clause 8.4.

6. Right for you to cancel your contract

6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you may cancel your contract with us for online purchases at any time up to the end of the fourteenth day from the date you receive the ordered Products, provided bottles are in the same condition as they were delivered, are not opened, are untampered with, and the seals on the bottles are not broken.

6.2 You cannot cancel your contract if:

  • the Products you have ordered have been made specifically to your order from their generic form;
  • the Products have been opened by you; or
  • the Products have been altered or damaged by you in any way.

 

6.3 To cancel your contract, you must notify us in writing at info@tanhurstestate.co.uk within the 14 day timeframe.

6.4 If you have received the Products before you cancel your contract then unless, under Clause 6.2 you do not have a right to cancel, you must send the Products back to our contact address at your own cost and risk and within 14 days of notifying us. If you cancel your contract but we have already processed the Products for delivery you must not unpack the Products when they are received by you and you must send the Products back to us at our contact address at your own cost and risk within 14 days.

6.5 All Products must be returned in their original condition and wrapping, therefore please take care when unpacking Products and repacking.

6.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 14 days of receiving the Products back, provided that the Products in question are returned by you and received by us in the condition they were in when delivered to you.

6.7 Should you fail to return the Products within 14 days of the date of the cancellation notice, the Purchaser will be deemed to have accepted the Products. If the Products are returned in an unsatisfactory condition or beyond 14 days we reserve the right to offer zero or partial reimbursement.

7. Cancellation by us

7.1 We reserve the right to cancel the contract between us for any reason, including if:

  • we have insufficient stock to deliver the Products you have ordered;
  • we do not deliver to your area; or
  • one or more of the Products you ordered was listed at an incorrect price due to a typographical error or other error in the pricing information on our online store.
  • If, despite our reasonable efforts, we are unable to contact you or arrange/ re-arrange delivery or collection.

7.2 If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

8. Specification and Liability

8.1 The images, digital copies, descriptive matter and specifications of the Products contained on the Website are posted for the sole purpose of giving an approximate idea of the Products and you acknowledge that there may be slight differences. They will not form part of this Contract.

8.2 If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address or at info@tanhurstestate.co.uk of the problem within 2 days of the delivery of the Products in question.

8.3 If you do not receive Products ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address or by email at info@tanhurstestate.co.uk of the problem within 40 days of the date on which you ordered the Products.

8.4 If you notify a problem to us under this clause, our only obligation will be, at your option:

8.4.1 to make good any shortage or non-delivery;

8.4.2 to replace or repair any Products that are damaged or defective; or

8.4.3 to refund to you the amount paid by you for the Products in question in whatever way we choose.

8.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this Clause and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question under Clause 8.4.3 above.

8.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products you purchase.

8.7 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9. Events beyond our control

9.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of ISP or telecommunications provider, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulations or direction, flood, fire, storm, act of God, explosion or accident, or acts of terrorism.

10. Notices

10.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at Tanahurst Estate, Birketts Farm, Tanhurst Lane, Holmbury St Mary, Dorking, RH5 6LZ and all notices from us to you will be displayed on our Website from to time.

11. Invalidity

11.1 If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.

12. Data Protection Notice and Privacy Policy

12.1 We adhere to the procedures set out in the UK Data Protection Act 1998 in the storage and disclosure of any data to prevent unauthorised access.

12.2 Your information will be used to process orders and for the use of marketing, as set out in our Privacy Policy.

13. Intellectual Property Rights

13.1 All of the copyright in the products and designs, material, documents, site design, graphics, systems, codes and connections contained on our Website or linked to it and the selection and arrangement thereof are owned by or licensed to us, the Website designers or the publishers of those sites to which this Website links. All rights are reserved. You are entitled to electronically copy and to print in hard copy sections of this Website for the sole purpose of placing an order with us or for viewing our product range and not for any other purpose. Any other use of material on this Website, including photocopying, modifying and/or distributing any pages printed off this Website for the purposes other than those noted above, without our prior written consent, is strictly prohibited.

14. Third party rights

14.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

15. Governing law

15.1 The Contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

16. Entire agreement

16.1 These Terms and Conditions, together with our current Website prices, delivery details, Terms of Use Policy, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

17. Complaints

17.1 If you are unhappy with any aspect of our service to you, please do not hesitate to contact us by email at info@tanhurstestate.co.uk or telephone on 07790 845112. If you have a justified complaint regarding wine supplied by us to you then you will need to retain the affected bottles and have these available to return to us if requested before a refund or replacement can be made in which case the collection and replacement costs will be borne by Tanhurst Estate. We will respond to any complaints as soon as possible and will endeavour to resolve most issues within 5 workings days. We will keep you informed of progress until a satisfactory resolution has been reached.

Updated 1st April 2025.

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