Terms, Conditions and Refunds Policy

This web site is owned and operated by W Clayton & Son trading as Fabulously Fruity wines.

You can contact us at:
Mail: Peaks Top Farm, New Waltham, North East Lincolnshire, DN36 4RS
Phone: 01472 812941
Email: info@peakstopfarm.com

All sales by phone or through our website are subject to the following terms and conditions.  In placing an order by phone or through this website you accept these terms and conditions.

1. Definitions

  • “Goods” means any product purchased through this website.
  • “We” or “Us” means W Clayton & Son trading as Fabulously Fruity wines
  • “You” means you the customer.
  • “Farm” means Peaks Top Farm, New Waltham, North East Lincolnshire, DN36 4RS
  • “Contract” means a legally binding contract between Us and You for the sale and purchase of Goods in accordance with these terms and conditions

2. Ordering

  • All orders are accepted by Us subject to these terms and conditions of sale to the exclusion of all other terms and conditions.
  • We are under no obligation to accept an order.  Prices, offers and products are subject to availability and may change prior to acceptance of an order.  All prices placed on the internet constitute an invitation to treat.  By submitting a telephone or online order, You submit an offer to enter into a sales contract with Us.
  • Should We decide to accept an order we will dispatch your Goods at which time the order will become a Contract.
  • In placing an order for Goods with us you are confirming that you are not under 18 years of age.

3. Prices

  • Price is as quoted on our website from time to time, except in cases of obvious error.
  • The price of the Goods includes VAT at 20% but excludes the cost of packing and delivery.
  • All payments on the website are made through Worldpay.

4. Delivery and Collection

  • Cost of delivery to UK mainland addresses is £7.99 per 12 bottle case.
  • For delivery to Northern Ireland, Scottish highlands, Scottish islands, Isles of Scilly, and Channel Islands please contact us before placing an order to obtain a delivery quote.
  • Goods will be dispatched within 48 hours of placing of order (subject to availability and acceptance of said order) weekends and bank holidays excluded.
    Orders will be sent via an overnight carrier who will normally deliver Monday – Friday.  We cannot guarantee a specific date or time for delivery, and time for delivery is not of the essence.
  • Goods shall be delivered to the address specified on the order.
  • Collection from the Farm is available by prior arrangement.

5. Returns Policy

  • The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to all orders placed through our website.
  • You have the right to cancel your order from the time you place the order to 14 days from the date you, or a person nominated by you physically receive the Goods, without giving any reason.
  • To exercise the right to cancel you must notify Us of your decision to cancel this Contract in a clear statement, for example in a letter posted to us at W Clayton & Son t/a Fabulously Fruity Wine, Peaks Top Farm, New Waltham, Grimsby, North East Lincolnshire, DN36 4RS, or via email at info@peakstopfarm.com.
    You must send this statement before expiry of your right to cancel.
    If you cancel your order within the period set out above We will refund the price of the Goods and the delivery charges (based on the least expensive form of standard delivery offered by Us).
  • We may make deduction from the reimbursement for any loss in value of any Goods returned, if the loss is as a result of any unnecessary handling of the Goods by you.
  • We will make reimbursement no later than:
    • 14 days after the date we receive back the Goods ordered by you,
    • or (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
    • If no Goods were supplied, 14 days after the day you exercised your right to cancel the Contract.
  • We will make reimbursement using the same means of payment as you have used for the initial order.
  • You shall send back the Goods or hand them over, to W Clayton & Son t/a Fabulously Fruity Wine, Peaks Top Farm, New Waltham, Grimsby, North East Lincolnshire, DN36 4RS, without undue delay, and in any event no later than 14 days from the date you communicate the cancellation of the Contract to us.  The deadline is met if you send back the Goods before the period of 14 days has expired.
  • You are responsible for the cost of returning the Goods.
  • Outside of the time frames set out above we only accept returns of faulty Goods.  Faulty Goods must be returned in their original packaging with the majority of the contents for investigation.  If the complaint is upheld we will offer you a replacement or refund.

6.  Data Protection

  • We do not disclose your information to third parties other than for the following purposes:
    • Take, and pack your orders.
    • Deliver your order
  • Cookies are used on the website to track the contents of your order, to store delivery addresses (if the address book option is used), and to store your details (if you select the “remember me” option).  We do not store payment information, this is only held by our transaction provider, Worldpay.  You can disable cookies, however, if you do so you will be unable to place orders via the website.

7. Warranty

  • We do not substitute Goods in the event of non-availability of the Goods ordered, unless you agree to such substitution.
  • All Goods produced are within accepted tolerance levels for alcohol by volume.
  • If Goods arrive damaged please contact us as soon as possible and within 14 days of delivery.

8. General

  • Any variations to these terms will not be binding unless agreed in writing by Us.
    All notices given by You to Us must be sent by recorded delivery to W Clayton & Son t/a Fabulously Fruity Wine, Peaks Top Farm, New Waltham, Grimsby, North East Lincolnshire, DN36 4RS.
  • Any entity which is not expressly a party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract, and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded from the Contract.
  • If any of these terms (or part thereof) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that part shall, to the extent required, be deemed not to form part of these terms and the validity and enforceability of the other provisions shall not be affected.
  • This Contract is governed by the laws of England and Wales, and is subject to the exclusive jurisdiction of the English courts.

These terms are valid from 1 November 2014.