Terms of service

OVERVIEW

Welcome to Black Chalk Wine.

The terms “we”, “us” and “our” refer to Hillcrest Wines Limited, trading as Black Chalk Wine. Hillcrest Wines Limited operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience collectively referred to as the “Services”.

Our store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them, are referred to as these “Terms of Service” or “Terms”. They describe your rights and responsibilities when you access or use the Services or purchase products or services from us.

Please read these Terms carefully. They contain important information about your legal rights, the formation of contracts between you and us, and the limits of our responsibility.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy [INSERT LINK].

When you place an order with us, you agree that the order will be governed by these Terms and any other policies or specific terms brought to your attention before you complete the order.

If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

Nothing in these Terms affects any statutory rights available to you as a consumer.

SECTION 1 – ACCESS, AGE AND ACCOUNT

You must be at least 18 years old to purchase alcohol from us.

By placing an order containing alcohol, you confirm that you are at least 18 years old and that any person receiving the delivery is also at least 18 years old.

We or our delivery partners may carry out age-verification checks before accepting an order or completing a delivery. Valid photographic identification may be required. We may refuse or cancel an order, or refuse delivery, where satisfactory proof of age cannot be provided.

To access or use certain parts of the Services, including placing an order, you may be asked to provide information such as your name, email address, billing address, payment information and delivery address.

You represent and warrant that the information you provide is accurate, current and complete and that you have the right to provide that information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account, except where the activity results from an act or omission by us.

You must notify us promptly if you believe that your account has been accessed without permission.

You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS AND SERVICES

We make reasonable efforts to ensure that descriptions, images and other information relating to our products and services are accurate.

Product images are provided for illustrative purposes. Colours, labels, vintages, packaging and other aspects of a product may differ slightly from their appearance on your screen or from the images displayed on the website.

These differences do not affect your statutory rights. Products supplied to consumers must be as described, of satisfactory quality and fit for any purpose made known to us.

All product descriptions and availability information may be updated from time to time. We may discontinue a product or service or limit the quantities available to any person, household, geographical area or jurisdiction.

All products and services are subject to availability.

Where we make a material change to a product after accepting your order, we will contact you and give you the option to accept the change or cancel the affected part of your order for a refund.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the products or services included in that order.

After you place an order, we may send an acknowledgement confirming that we have received it. This acknowledgement does not necessarily mean that your order has been accepted.

Your order is accepted, and a binding contract is formed, when we send you an order confirmation or otherwise expressly confirm that we have accepted the order.

We reserve the right to decline an order before it has been accepted. This may include circumstances where:

  • A product or service is unavailable

  • Payment cannot be authorised

  • We cannot verify that the purchaser or recipient is at least 18

  • We identify an error in the price or product description

  • We reasonably suspect fraud, misuse or unlawful activity

  • We cannot deliver to the address provided

If we decline or cancel an order after taking payment, we will refund the amount paid for the affected products or services.

Please review your order carefully before submitting it. Where an order has already been accepted or prepared for dispatch, we may be unable to accommodate a cancellation request beyond your statutory cancellation rights.

We will attempt to contact you using the email address, billing address or telephone number provided with the order if we need to decline, amend or cancel it.

Purchases of physical products are subject to our Refund Policy [INSERT LINK], in addition to your statutory consumer rights.

Bookings for tours, tastings, events, venue hire or other experiences may also be subject to specific booking or cancellation terms displayed when the booking is made.

Unless we expressly agree otherwise, products purchased through the consumer store are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice before an order is placed.

The price charged will be the price displayed when you submit your order, subject to the correction of any obvious pricing error.

Prices displayed to UK consumers include VAT at the applicable rate unless expressly stated otherwise.

Delivery charges and any other applicable charges will be displayed before you submit your order.

Where we agree to deliver outside the UK, the recipient may be responsible for customs duties, import taxes and other charges imposed by the destination country. These charges are not controlled by us and may not be included in the price paid to us.

Prices available through our website may differ from prices offered at our physical premises, through stockists or through third-party retailers.

Promotions may be governed by separate terms. If there is a conflict between these Terms and the specific terms of a promotion, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchasing, payment and account information.

You agree to update your account and contact information where necessary so that we can process your transactions and contact you about your order.

You confirm that:

  1. The payment information you provide is accurate and complete

  2. You are authorised to use the selected payment method

  3. The payment provider is authorised to process the relevant charges

  4. You will pay the prices and charges clearly presented before you submit the order

SECTION 5 – SHIPPING AND DELIVERY

Available delivery methods, estimated delivery periods and applicable charges will be displayed during checkout or otherwise communicated before your order is accepted.

Delivery times are estimates unless we have expressly agreed that delivery by a particular date is essential or otherwise contractually binding.

We will deliver products within the period agreed with you. Where no delivery period has been agreed, we will deliver without undue delay and normally no later than 30 days after the contract is formed.

We are not responsible for delays caused by events outside our reasonable control, provided that we contact you as soon as reasonably possible and take reasonable steps to minimise the delay.

If a delay is substantial, or delivery by a particular date was essential and we fail to meet that date, you may have the right to cancel the order and receive a refund.

Where we or a delivery service appointed by us arranges delivery, the products remain at our risk until they come into the physical possession of you or a person identified by you to receive them.

If you independently appoint a carrier that was not offered or arranged by us, risk may pass to you when the products are handed to that carrier.

You are responsible for providing a complete and accurate delivery address and for ensuring that an eligible person aged 18 or over is available to receive alcohol deliveries.

Where delivery cannot be completed because no eligible recipient is available, we may charge reasonable redelivery or storage costs.

Ownership of products passes to you once we have received payment in full and the products have been delivered.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and their content, including trademarks, trading names, text, images, graphics, illustrations, product reviews, videos, audio, website design, software and the selection and arrangement of that content, are owned by or licensed to Hillcrest Wines Limited, Shopify or the relevant third-party owner.

This content is protected by applicable copyright, trademark and other intellectual-property laws.

These Terms permit you to access and use the Services for your personal and non-commercial use.

Unless permitted by law or authorised by us in writing, you must not:

  • Reproduce, copy, republish or distribute material from the Services

  • Modify or create derivative works from that material

  • Publicly display or commercially exploit that material

  • Download, store or transmit substantial parts of the Services

  • Remove copyright, trademark or ownership notices

Nothing in these Terms grants you ownership of, or a licence to use, any intellectual property belonging to us, Shopify or another party except for the limited right to access and use the Services in accordance with these Terms.

“Black Chalk”, “Black Chalk Wine” and our associated names, logos, product names, designs and slogans are trademarks or trading names belonging to Hillcrest Wines Limited or its licensors. You must not use them without prior written permission.

Shopify’s names, logos, product names, designs and slogans belong to Shopify or its licensors.

All other names, logos and trademarks displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools, applications or functionality supplied by third parties which we do not control or monitor.

These tools may be provided on an “as available” basis and may be governed by separate terms and privacy policies issued by the relevant provider.

Any use of optional third-party tools is at your discretion. You should review and understand the terms under which the third party provides them.

We are not responsible for the acts, omissions or services of third-party tool providers, except to the extent that liability cannot lawfully be excluded.

We may introduce new features, tools or resources through the Services. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to or content from websites operated by third parties, including embedded third-party functionality.

We do not control third-party websites and are not responsible for examining or verifying all third-party content, products, services, security practices or policies.

A link to a third-party website does not necessarily mean that we endorse it.

If you access a third-party website, you should review its applicable terms, privacy policy and other policies before making a purchase or providing personal information.

We are not responsible for losses caused solely by the acts or omissions of an independent third party, except where the law provides otherwise.

Questions, complaints or claims concerning a product or service purchased directly from a third party should normally be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Black Chalk Wine is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly between you and Hillcrest Wines Limited, trading as Black Chalk Wine.

Shopify is not the seller of the products or services offered by Black Chalk Wine and is not responsible for fulfilling our obligations to you.

To the extent permitted by law, Shopify and its affiliates are not liable for injury, damage or loss arising solely from products or services sold directly by Black Chalk Wine.

Nothing in this section excludes or limits any right or liability that cannot lawfully be excluded or limited.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy [INSERT LINK].

Certain information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

By using the Services, you acknowledge that you have been given the opportunity to read these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to host, operate, secure and improve the Services.

Information submitted through the Services may be shared with Shopify and other service providers, some of which may be located outside the United Kingdom.

Our Privacy Policy explains how we, Shopify and our other service providers collect, use, store, disclose and protect personal information, including the safeguards used for international transfers.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, reviews, comments, proposals, photographs or other content relating to the Services, collectively referred to as “Feedback”, you grant us a worldwide, non-exclusive, royalty-free and sublicensable licence to use, reproduce, adapt, publish, distribute and display that Feedback for the purpose of operating, improving and promoting our business and Services.

This licence continues for as long as reasonably necessary for those purposes, including where Feedback has already been incorporated into published marketing materials.

You confirm that:

  1. You own the Feedback or have the necessary permission to provide it

  2. You have disclosed any payment, complimentary product or other incentive connected with the Feedback

  3. The Feedback is accurate to the best of your knowledge

  4. The Feedback complies with these Terms and applicable law

We are not required to keep Feedback confidential, pay compensation for Feedback or respond to Feedback unless we have separately agreed otherwise.

We may monitor, edit or remove Feedback that we reasonably believe is unlawful, defamatory, threatening, abusive, obscene, misleading, infringes another person’s rights or otherwise breaches these Terms.

Feedback must not:

  • Infringe copyright, trademark, privacy, data-protection or other rights

  • Contain unlawful, defamatory, abusive or obscene material

  • Contain malware or harmful code

  • Misrepresent your identity or connection with another person

  • Mislead us or other users about its origin

You are responsible for the Feedback you provide and for claims arising from content that you were not entitled to submit.

Nothing in this section excludes any responsibility we may have for content that we publish or continue to display after becoming aware that it is unlawful.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information made available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, availability, delivery charges or estimated delivery times.

We may correct errors and update information at any time before an order is accepted.

If we identify an obvious pricing or product-information error after you submit an order but before it is accepted, we may decline the order and notify you.

If an error is identified after a contract has been formed, we will contact you. Depending on the circumstances and applicable law, we may offer to fulfil the order using the correct information, agree a reasonable amendment with you or cancel the affected part of the order and issue a refund.

We will not make a material change to an accepted consumer order without your agreement unless the law permits us to do so.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not access or use the Services, directly or indirectly:

  1. For an unlawful, fraudulent or malicious purpose

  2. In breach of applicable laws or regulations

  3. To infringe our intellectual-property rights or those of another person

  4. To harass, threaten, abuse, defame, intimidate or harm another person

  5. To transmit false, fraudulent or deliberately misleading information

  6. To upload, download or reuse material in breach of these Terms

  7. To send unsolicited advertising, spam, chain letters or similar communications

  8. To impersonate another person or organisation

  9. In a way that interferes with another person’s use or enjoyment of the Services

  10. In a way that may damage Black Chalk Wine, Shopify, our service providers or users of the Services

You must not:

  1. Upload or transmit viruses, malware or other harmful code

  2. Reproduce, extract, sell, resell or commercially exploit an unauthorised part of the Services

  3. Collect or track another person’s personal information without lawful authority

  4. Spam, phish, pharm, scrape or use false pretences

  5. Use automated tools to access or extract information from the Services where that use is prohibited by these Terms, our technical measures or applicable law

  6. Interfere with or circumvent security, access-control, robot-exclusion or authorisation measures

This section does not prohibit lawful use of standard search engines, accessibility technologies or other tools that we have authorised.

We may suspend, restrict or terminate access where we reasonably believe that these Terms have been materially breached or that access creates a security, legal or fraud risk.

SECTION 14 – AGENTS

14.1

This section, referred to as the “Agent Terms”, applies if you use, enable or deploy an Agent to access, use or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or organisation without direct supervision during each individual action.

14.2

An Agent must not access, use or interact with the Services unless it identifies itself and complies with the requirements in section 14.4.

An Agent must cease accessing the Services if we have expressly requested that it do so.

14.3

We may use reasonable technical measures to limit whether and how an Agent accesses, uses or interacts with the Services.

14.4

An Agent must:

  1. Identify itself in HTTP or HTTPS requests, including the name of the Agent in its user-agent string where technically possible

  2. Not conceal that an interaction is being performed by an Agent

  3. Not imitate human behaviour for the purpose of circumventing access restrictions

  4. Not complete or circumvent CAPTCHAs or other measures intended to distinguish automated access from human access

  5. Respond accurately to a request intended to establish whether an interaction is automated

  6. Not avoid or bypass measures intended to restrict, control or prevent automated access

This section does not prohibit ordinary search-engine indexing, accessibility tools or authorised integrations that comply with our published technical instructions.

SECTION 15 – TERMINATION

You may stop using the Services at any time.

We may suspend or terminate your account or access to all or part of the Services where:

  • You materially breach these Terms

  • We reasonably suspect fraudulent, unlawful or harmful activity

  • Suspension is necessary to protect the Services, our customers or another person

  • We are required to do so by law

  • We discontinue the relevant part of the Services

Where reasonably possible and appropriate, we will provide notice of the suspension or termination.

Termination of website or account access does not automatically cancel an order that has already been accepted.

You remain responsible for properly incurred amounts due before termination.

The following sections will continue to apply after termination where relevant: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature is intended to continue.

SECTION 16 – DISCLAIMER OF WARRANTIES

We take reasonable steps to maintain the availability, accuracy and security of the Services. However, we do not guarantee that the website will always be available, uninterrupted, secure or free from errors.

Information provided through the Services for general informational purposes is not intended to constitute professional advice. You should not rely on general website content as a substitute for advice appropriate to your circumstances.

Nothing in this section excludes or limits our obligations relating to products or services purchased from us.

Products supplied to consumers must be as described, of satisfactory quality and fit for purpose. Services supplied to consumers must be performed with reasonable care and skill.

Nothing in these Terms excludes or restricts these statutory rights.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability for:

  1. Death or personal injury caused by negligence

  2. Fraud or fraudulent misrepresentation

  3. Defective products where liability cannot lawfully be excluded

  4. Breach of statutory consumer rights

  5. Any other liability that cannot legally be excluded or limited

If we fail to comply with these Terms, we are responsible for loss or damage that is a foreseeable result of our breach or failure to use reasonable care and skill.

Loss or damage is foreseeable where it was obvious that it would happen or where both you and we knew, when the contract was formed, that it might happen.

We are not responsible for loss or damage that is not foreseeable.

The Services and products offered through the consumer store are intended for personal and household use. We are therefore not responsible for business losses, including loss of profit, revenue, business opportunity, anticipated savings, goodwill or business data, arising from consumer use of the Services or products.

We are not responsible for losses caused solely by circumstances outside our reasonable control where we have taken reasonable steps to avoid or reduce their effects.

Nothing in these Terms affects any rights or remedies available to you under applicable consumer law.

SECTION 18 – RESPONSIBILITY FOR MISUSE

You are responsible for losses that we reasonably incur as a direct and foreseeable result of:

  1. Your unlawful use of the Services

  2. Your deliberate or fraudulent breach of these Terms

  3. Content that you submit without the necessary rights or permissions

  4. Your deliberate infringement of another person’s rights

This section applies only to the extent permitted by law.

It does not make you responsible for losses caused by our negligence, our breach of these Terms or matters outside your reasonable control.

We will take reasonable steps to minimise any recoverable loss and will notify you of any relevant third-party claim within a reasonable period.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it lawful and enforceable.

If modification is not possible, the relevant provision or part of it will be treated as deleted.

Any modification or deletion will not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, this does not mean that we have waived that right.

These Terms, together with the policies and any specific terms incorporated into them, constitute the agreement between you and us concerning your use of the Services and purchases made through them.

They replace previous communications or proposals concerning the same subject matter, but do not exclude statements or information that form part of the contract under applicable consumer law.

Where a written term in a consumer contract could have more than one meaning, the meaning most favourable to the consumer will apply.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law permits you to do so.

We may transfer our rights and obligations to another organisation, including as part of a sale, restructuring or transfer of our business.

We will ensure that any transfer does not reduce your statutory or contractual rights. Where the transfer materially affects you, we will provide reasonable notice.

SECTION 22 – GOVERNING LAW

These Terms and any contract formed under them are governed by the laws of England and Wales.

If you are a consumer resident in another part of the United Kingdom, you will also retain the benefit of any mandatory consumer protections that apply where you live.

You may bring legal proceedings in the courts of the part of the United Kingdom in which you live.

We may bring proceedings against a consumer only in a court that has jurisdiction under applicable law.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You can review the current version of these Terms at any time on this page.

We may update these Terms to reflect changes to the Services, our business practices, technology or applicable law.

The updated Terms will be posted on the website and the effective date will be updated where appropriate.

Where required by law, we will provide reasonable notice of material changes.

Changes to these Terms will apply to future use of the Services and orders placed after the updated Terms take effect.

Changes will not retrospectively alter the terms of an order or contract that we have already accepted unless:

  1. You agree to the change

  2. The change is required by law

  3. The existing contract expressly and fairly permits the change

SECTION 25 – CONTACT INFORMATION

Questions about these Terms should be sent to hello@blackchalkwine.co.uk.

Our details are:

Trading name: Black Chalk Wine

Legal entity: Hillcrest Wines Limited

Email: hello@blackchalkwine.co.uk

Telephone: 01264 860440

Trading address:
The Old Dairy
Fullerton Road
Andover
Hampshire
SP11 7JX
United Kingdom

Registered office:
Black Chalk Winery
Fullerton Road
Cottonworth
Andover
Hampshire
England
SP11 7JX

Company registration number: 09784649

VAT registration number: 270133146