Welcome to the oldchapelcellars.co.uk website Terms & Conditions for use. These Terms & Conditions apply to the use of this Website and other websites owned by Jamie Tonkin T/A Old Chapel Cellars, e.g. www.chocolateblock.co.uk.  By accessing this or any of our other Websites and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this or any other of our Websites.
Before you place an order, if you have any questions relating to these Terms & Conditions, please contact as at customerservices@oldchapelcellars.co.uk by e-mail or call us on 01872 270 545 between 11.00am & 5.00pm, Monday to Saturday.

1. DEFINITIONS

"Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Jamie Tonkin T/A Old Chapel Cellars; "Website" means the website located at www.oldchapelcellars.co.uk or any subsequent URL which may replace it; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.

2. USE OF THE WEBSITE

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by contacting our Customer Services representatives by e-mail at customerservices@oldchapelcellars.co.uk, or call us on 01872 270 545 between 11.00am & 5.00pm, Monday to Saturday. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

3. PRIVACY

We will not ask you for personal information unless it is required to deliver you specific information, services or products.

We will not share your personal information with anyone except to comply with the law, improve our products, or protect our rights.

We don't store personal information on our servers unless necessary for the operation of your account or you have chosen to do so.

Please check our Privacy Policy page for full details of our policy. Questions regarding this Policy should be directed to the Customer Services department of Old Chapel Cellars as follows:

Customer Services Manager
Old Chapel Cellars
The Old Chapel
Millpool
Truro
TR1 1EX

4. PURCHASE OF PRODUCTS

Description of products

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Alcoholic merchandise

Jamie Tonkin T/A Old Chapel Cellars sell products containing intoxicating liquor. For clarity, a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels and closures may vary. All wines are 75cl and all spirits and liquors 70cl unless otherwise stated.
Under the Licensing Act 2003, it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18. Jamie Tonkin T/A Old Chapel Cellars is committed to upholding both their legal and social obligations as a retailer of intoxicating liquor.
In accepting these Conditions, you agree to provide Jamie Tonkin T/A Old Chapel Cellars truthful and accurate information and act in accordance with the Licensing Act of 2003.

Ordering

We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

We reserve the right not to accept any order.

The placing of an order anywhere on our website does not constitute a contract, which is made only when we accept your order and process payment

All goods are offered subject to availability. We cannot guarantee the availability of specific vintages.

Payment

Online we accept payment via Paypal.  Payment will, be debited from your account upon receipt of your order. You are responsible for confirming that you are the legitimate holder of the credit/debit card and that your details are correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to authorise payment, we will not be able to process your order and a message will appear informing you that the transaction cannot be processed.

Out-of-stocks

We cannot guarantee availability of all products at all stores. In the event that a product is unavailable when you place your order, we shall contact you to arrange replacement, or another acceptable arrangement for the completion of your order.

5. CARRIAGE & DELIVERY

Carriage

Regarding www.oldchapelcellars.co.uk delivery is free for orders over £95 within most parts of mainland Britain. Orders of less than £95 will incur a £7.99 delivery charge.  For any of our other websites delivery charges may vary.

Delivery

Note: We are only able to deliver to addresses within Mainland Britain.

We may use an independent courier. The courier will only attempt to deliver the product twice, after which we regret that you will be responsible for making your own arrangements with them for delivery. The products will be returned to our warehouse if they have not been collected from the courier 3 days after the second delivery attempt, and we reserve the right to pass on the cost of redelivery in this event.

It is essential to check all goods before signing for them. If you are unfortunate enough to receive a damaged consignment, please write 'Damaged' clearly on the consignment note beneath your signature, or if you have not received your wines within 10 days of ordering, please advise us by e-mail at customerservices@oldchapelcellars.co.uk, or call us on 01872 270 545 between 10.00am & 5.00pm, Monday to Saturday.

6. RETURNS AND REFUNDS

Returns

We will provide a full refund or replacement for any wines that are faulty. This does not affect your statutory rights.

We may require faulty, bottles to be returned to us. We will arrange this as necessary at your convenience

If you have received an item not on your order, or part of your order is missing we will arrange for collection and redelivery if appropriate.

Breakages or shortages must be registered with us within 24 hours of delivery.

We will refund the price of the item to the purchaser or exchange the product once it is received by us. If you have arranged for a credit rather than an exchange or return, your account will be credited within 5 working days of your goods being received by us.
Goods requested to be delivered unsigned for are left at your own risk.

Change or cancel an order

If you wish to change or cancel an order please advise us by e-mail to customerservices@oldchapelcellars.co.uk, or call us on 01872 270 545 between 10.00am & 5.00pm, Monday to Saturday. Please have the order number and date the order was placed to hand.

7. GENERAL

Claims

Breakages or shortage must be notified within 24 hours of delivery. Goods requested to be left unsigned for are left at the customer's own risk. Consequential loss: we shall not be liable for any consequential loss however caused, including (but not limited to) loss caused by late delivery.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Jamie Tonkin T/A Old Chapel Cellars and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

Jamie Tonkin T/A Old Chapel Cellars, The Old Chapel, Millpool, Truro, TR1 1EX