Terms & Conditions
1. Parties
We are Skye Fine Wines (SFW) which is a trading name of Coruisk House Limited (CH) a company registered in Scotland, number SC384261, registered for VAT number 107311655.
2. Payment and price
2.1. Payment in advance – SFW requires payment for all purchases by credit or debit card or BACS transfer at the time of order.
2.2. No consumption on CH premises – The prices shown apply only to purchases made via the SFW website for off-sales. No goods purchased at online prices may be consumed on the premises at Coruisk House. If online goods are consumed at Coruisk House, SFW/CH reserve the right to charge the balance of the equivalent on-sales/restaurant price for the goods.
2.3. Price shown includes VAT but not delivery etc – The price for the goods is inclusive of VAT but exclusive of all other charges including delivery (which amounts the Customer will pay in addition if the delivery option is selected by the customer.)
2.4. Errors in pricing – If a pricing error is discovered after acceptance of an order by SFW, SFW shall notify the correct price to the Customer and the Customer shall have the option either to cancel the order, or to continue at the correct price. SFW shall not be obliged to supply goods at the incorrect price.
3. Availability – Notwithstanding acceptance by SFW of any order, all goods are offered for sale subject to availability.
4. Delivery
4.1. Payment in advance – The delivery charge, if opted for by the customer, must be paid for by credit or debit card or BACS transfer at the time of order.
4.2. VAT – The delivery charge is inclusive of VAT.
4.3. No guaranteed delivery outside Highland Council area – In the case of an order to deliver to an address outside the Highland Council administrative area, SFW reserves the right to cancel the order in which case it will arrange for a full refund of the sums paid by the customer within a reasonable time without any further liability.
4.4. Time for delivery not guaranteed – Any dates or times specified by SFW for delivery of the goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
4.5. Resale of unclaimed goods – If 10 working days after SFW has notified the Customer that the goods were ready for delivery or collection as appropriate, the Customer has not taken or accepted delivery of them, SFW may resell or otherwise dispose of all or part of the goods (and make the appropriate credit to the Customer).
4.6. Risk – Risk of loss or damage to goods shall pass to the Customer when the goods are delivered to or collected by the Customer or the Customer’s agent.
4.7. Retention of title – Until such time as SFW has received payment in full (in cash, cleared funds, or undisputed credit or debit card payment) for any goods that SFW has supplied to the Customer (including any VAT and delivery charges), all such goods shall remain the property of SFW.
4.8. Effects of retention of title – Until ownership of goods has passed to the Customer, the Customer shall:
4.8.1. store the goods separately from other goods of the Customer and keep them in such a way (at no cost to SFW) that they can be identified as being the property of SFW;
4.8.2. hold the goods as SFW’s bailee and return them at the Customer’s cost upon demand by SFW;
4.8.3. not destroy, deface or obscure any identifying mark on or relating to the goods; and
4.8.4. maintain the goods in satisfactory condition and keep them insured on behalf of SFW for their full replacement value against all risks.
4.9. SFW may maintain an action for the purchase price of the goods notwithstanding that ownership of them has not passed to the Customer.
5. Damaged goods and limits to Liability
5.1. Limits to SFW liability for subsequent quality deterioration – SFW shall not be liable to the Customer for any deterioration in the condition of any wine after delivery to the customer. The Customer acknowledges that due to the nature of tthe goods their quality may vary over different time periods and with different quality of care; however SFW warrants that as at the date of delivery the goods shall reasonably correspond to their description. SFW gives no warranty as to the durability of the goods.
5.2. Time limit and procedure for quality complaint – If any wine purchased from SFW is found not to correspond reasonably to its description by reason of a prior deterioration, SFW will replace, or (at its discretion) issue a credit for, that bottle of wine provided that the wine is returned to SFW within 14 days after the delivery of the wine.
5.3. Time limit and procedure for notifying SFW of breakages – The Customer shall inspect the goods on delivery and claims for breakages will only be accepted if the Customer notifies SFW within 3 days of delivery and the damaged goods and their packaging are kept for inspection and the loss or damage is noted on the delivery note at the time of delivery.
5.4. Time limit and procedure for notifying SFW of non-delivery – SFW shall not be liable for any non-delivery of goods unless the Customer gives written notice to SFW of non-delivery within five days of the date when the goods would in the ordinary course of events have been received.
5.5. Limit to liability for non-delivery – Any liability of SFW for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such goods, and if appropriate, paying a refund to the extent of the credit note.
5.6. Claims for death, injury or fraud, or statutory rights not affected – Nothing in these Terms and Conditions shall exclude or limit in any way SFW’s liability for death or personal injury or for fraudulent misrepresentation. The Customer’s statutory rights are not affected.
5.7. SFW shall not be liable to the Customer for any claim under or in connection with these Terms and Conditions for:
5.7.1. any loss of profit, revenue, anticipated savings, business or contract; and
5.7.2. any special, indirect or consequential loss including any loss of enjoyment.
5.8. Value of claim limited to cost of goods – SFW’s total liability arising under these Terms and Conditions shall not in respect of any single claim exceed the order value including any VAT and delivery charges of the order or relevant part of the order (pro rata) that gives rise to the claim.
5.9. No warranties or guarantees – The Website is provided without any warranties or guarantees.
5.10. No liability for online viruses etc – Whilst SFW/Coruisk House Limited makes reasonable attempts to exclude viruses or other destructive computer codes from the Website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. Customers should take all appropriate safeguards before using the Website or downloading from the Website.
5.11. Descriptions All descriptive matter, specifications and advertising issued by SFW and any descriptions or illustrations contained in SFW’s website or brochures are issued for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of this Contract.
6. Proof of age
In the UK, it is illegal to sell alcohol to anyone under the age of 18 years. By placing an order with SFW, the Customer confirms that he or she is at least 18 years old. At the time of delivery of the Customer’s order, SFW or its agent may request proof of age from the person accepting the delivery. If appropriate proof cannot be produced, SFW or its agent may refuse to deliver the order. SFW follows the Scottish Government “Challenge 25” policy of requiring evidence of age if the person taking delivery may appear younger than 25 years old.
7. Miscellaneous
7.1. Amendment – SFW may amend these Terms and Conditions from time to time. None of SFW’s employees or agents has the right to bind SFW to any verbal agreement or representation which does not comply with these Terms and Conditions.
7.2. Force majeure/Acts of God – SFW shall not be liable for any failure to meet its obligations caused by circumstances beyond its control. In particular, SFW reserves the right to defer the date of delivery or to cancel the order or reduce the volume of the goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company.
7.3. No provision of these Terms and Conditions shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
7.4. Titles and bold subheadings in these terms are indicative only.
7.5. Intellectual property – The SFW and CH names, logos, images, corporate symbols and goodwill are the property of Coruisk House Limited and no permission is given in respect of their use. The Website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, Coruisk House Limited is the owner of thecopyright and all other intellectual property rights in the Website and its contents. Save as set out below, no part of the Website may be reproduced, modified, copied or used for any purpose without the prior written permission of SFW.
8. Data Protection
SFW agrees to seek, hold and process any personal data in accordance with theCompany’s Privacy Policy available on SFW’s website.
2021 – Skye Fine Wines/Coruisk House Limited
