PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE OUR SITE.
These Terms set out who we are, how we will provide Goods to you, what to do if there is a problem and other important information.
Summary of your key legal rights
The Consumer Rights Act 2015 requires that any Goods which you order from us must be as described, must be fit for purpose and must be of a satisfactory quality.
If you choose to purchase Goods from our Site, your legal rights entitle you to:
Up to 30 days: if your Goods are faulty, then you can get a refund if you return the Goods to us;
Up to 6 months: if your Goods are faulty and cannot be replaced, then you are entitled to a full refund in most cases if you return the Goods to us;
Up to 6 years: these Goods are not expected to last up to six years and therefore these rights are not applicable.
This is a basic summary of your key legal rights.
2. WHO WE ARE AND HOW TO CONTACT US
This Site is operated by Three Spirit Drinks Ltd, a 100% subsidiary of Beyond Alcohol Ltd (We, Our, Us). We are a company limited by shares registered in England and Wales under company registration number 11182833 and have our registered office at Unit 304 242 Acklam Road Westbourne Studios London England W10 5JJ
If you have any queries about your order or this Site please contact our Customer Services Team at firstname.lastname@example.org.
If we need to contact you we will do so by writing at the email address or postal address which you have provided to us on your order.
3. BY USING OUR SITE YOU ACCEPT THESE TERMS
If you do not agree with these Terms then you must not use our Site.
We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. You are solely responsible for ensuring that all persons who access our Site are aware of the Terms and comply with them. These Terms were most recently updated on 11 December 2020.
These Terms may refer to additional terms which will also apply to your use of our Site:
We may update and change our Site from time to time to reflect changes to our Goods, our users needs, our business priorities, to ensure compliance with all laws and regulations or for any other purpose as decided from time to time.
4. OUR CONTRACT WITH YOU
These Terms will apply to every contract between us for the sale Goods to you (Contract), wherever in the world you reside and/or place the order.
Our acceptance of your order will take place when we email you with a shipping confirmation to confirm acceptance, at which point a Contract will come into existence between you and us. The placing of an order on our Site, and/or your receipt of an automated order confirmation, does not constitute acceptance of that order.
If we are unable to accept the order then we will inform you of this and will not charge you for the product. This may be because, amongst other things, the product is out of stock or because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline specified.
Once your order has been accepted you will be provided with an order number. It will help us if you can quote your order number on any correspondence you have with us about that order.
5. YOUR OBLIGATIONS
You confirm that by using our Site you will be bound by these Terms.
You confirm that by using our Site you are of the minimum required age to purchase the Goods.
You confirm that by using our Site you have read the Frequently Asked Questions section of the Site.
You confirm that you will not use the Goods for any illegal or unauthorised purpose.
You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering from us. By placing an order to purchase Goods, you promise to us that it is lawful for you to order the Goods in the country where you place the order and for the recipient to receive the Goods in the destination country. If you breach this promise we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the Goods
The images of the Goods on the website are for illustrative purposes only. Although we have made reasonable efforts to display the appearance of the Goods accurately, we cannot guarantee or accept any liability for Goods which may vary slightly from those images.
The tasting notes on our website are written by our own tasting team, however drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Goods.
All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation and varies from Goods to Goods and from one size, weight, capacity, dimension or measurement to the next.
7. YOUR RIGHT TO MAKE CHANGES
Once your order has been accepted it is not possible to make changes to that order.
8. OUR RIGHTS TO MAKE CHANGES
We may make minor changes to the Goods to reflect changes in relevant laws and regulatory requirements.
If we need to make more significant changes to the Goods, we will inform you in writing. If you do not accept these changes you may then contact us to end the contract before the changes take effect and will receive a refund for any products paid for but not received.
9. DELIVERY OF THE GOODS
The costs of delivery will be as displayed to you on our Site.
Once we have accepted your order we will provide you with a delivery date in line with the delivery times posted on our Site. We do not guarantee a specific delivery date for the Goods.
We will not be responsible for any delay to the supply of Goods which are outside of our control. If our supply of Goods is delayed by an event outside of our control then we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay.
If you are not available at the date and time of delivery we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local collection depot.
The risk in the Goods shall pass to you from the time we deliver the Goods to the address you provided on the order. You will receive title in the Goods at the time once payment in full is received.
We may require certain information from you so that we can supply the Goods, this will be stated on our Site or requested when the order is accepted. If you do not provide such information within a reasonable timeframe, or if you give us incorrect or incomplete information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delays or errors in the Goods which arise in part by you not giving use the information within a reasonable timeframe.
We may suspend the supply of the Goods if you do not provide payment in full for the Goods.
10. YOUR RIGHTS OF RETURN AND REFUND
Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
If the Goods you have received are faulty:
Up to 30 days: if your Goods are faulty, then you can get a refund if you return the Goods to us; and
Up to 6 months: if your Goods are faulty and cannot be replaced, then you are entitled to a full refund in most cases if you return the Goods to us.
If you wish to exercise your legal rights to reject the Goods you must post them back to us. We will pay the costs of postage. Please email us at email@example.com for a returns label.
The Goods will not be considered faulty if they are not to your liking or preference.
You have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of delivery and to receive a refund. For this right to apply, all Goods must be returned sealed, in the same condition as received and in their original packaging. You will be responsible for the costs of returning any Goods to us. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
Any refunds due under the Contract shall be made by the method you used for payment. Your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
Any refund is subject to the condition on which the Goods are returned and that we do receive the Goods back from you. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
You must return the Goods to
Beyond Alcohol Ltd
UK: Beyond Alcohol Ltd / Three Spirit Drinks, 242 Acklam Road, Westbourne Studios. Unit 214/6, London W10 5JJ
Please include your order number so that these Goods can be identified.
As you are a consumer (not a trade or business), we are under a legal duty to supply the Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to the Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund, or anything else in these Terms.
11. OUR RIGHTS TO END THE CONTRACT
We may end the Contract if you break any of these Terms.
If we end the Contract due to your breach then we may charge you a reasonable fee as compensation.
12. OUR LIABILITY TO YOU
To the extent permitted by law, we exclude liability for any and all damage or loss suffered by you in using our Site.
Notwithstanding any other provision of these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights and for defective products under the Consumer Protection Act 1987.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss business, business interruption, or loss of business opportunity.
Please refer to the Frequently Asked Questions on our Site before placing an order. By placing an order you confirm that you have read, understood, and accepted the information, and our recommendations in, the Frequently Asked Questions section of the Site. We are not responsible to you, and will have no liability, if you use the Goods against our recommendations. We do not make any promise as to how the Goods will make you feel, and we will not be liable to you if they are not to your liking or preference.
13. OUR USE OF YOUR DATA
14. INTELLECTUAL PROPERTY OWNERSHIP
We are the sole owner or licensee of all intellectual property rights in our Site, any materials published on it and the Goods. All such rights are reserved.
You may only download or print copies of any material on our Site for your personal non-commercial use. You must not modify any materials in any way and you must not use any illustrations, photographs, videos or audio sequences separately from any accompanying text.
Our status and ownership as the authors of our Site must always be acknowledged.
You must not use any intellectual property contained in our Site for commercial purposes without obtaining a prior licence to do so.
If you breach any of these Terms your right to use our Site will cease immediately and you must return to us or destroy all copies you have made of any materials.
15. THE SITE
Our Site is made free of charge. We do not guarantee that our Site, or the content available on it will always be available or uninterrupted. We may suspend, withdraw or restrict availability of our Site or any part thereof for business or operational reasons.
The content on our Site is provided for general information only. No warranties, representations or guarantees whether express or implied, are given that the content on our Site is accurate, complete or up to date.
16. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation without further notice, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person with our prior written consent.
This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delaying doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Term by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these Terms by you.
These Terms shall be governed by English Law and you and we both agree that the courts of England and Wales shall have exclusive jurisdiction.
The Plant Club – Loyalty Terms and conditions
If you have any questions regarding the Program or the Loyalty Conditions, please contact our Customer Services team from Monday to Friday, from 10am am to 5.30 pm, at firstname.lastname@example.org or through instant messaging (Live Chat) on our website. We aim to respond to your emails or messages within the next 24 hours.
You can also write to us at:
You may also provide answers to helpful frequently answered questions in our FAQs available here.
Membership Eligibility and Overview
1.1 The Program is offered at the sole discretion of Beyond Alcohol Ltd (Registered No: 11182833 ) Registered Office: 242 Acklam Road. Westbourne Studios. Unit 214/6
London W10 5JJ and VAT number of GB 320 2193 54 (“Three Spirit,” “we,” “our” or “us”).
1.2 The Program is available to individuals for their personal and domestic use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals are defined as follows - legal residents of one country where our products are available for sale (according to the Terms and Conditions) acting as consumers who are at least 18 years of age, and who provide and maintain a valid email address. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose. At our discretion, we may refuse to create an account without having to give any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal and domestic use only but may be excluded from certain benefits of the Program in our sole but reasonable discretion.
****Eligible individuals as defined here-above may enroll in the Program by visiting www.threespiritdrinks.com (the “Site”) and opt in by following the Program prompts to register for the Program.
Should you not wish to opt into the Program, we invite you to check out as guest while shopping at www.threespiritdrinks.com.
2.2 You are required to provide your full name, email address and to create a password in order to enroll. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, however, this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information from within the Account area on the Site.
2.3 Only one Program account may be associated with a single member and a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Loyalty Terms, the “authorized account holder” is defined as the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. We do not allow several individuals to use a single account for the purpose of accumulating Program benefits.
Product Rewards and Benefits
3.1 As a member of the Program, you earn points, in situations listed here-under, that determine your tier level and associated tier benefits. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits.
3.1.1 Tier Benefits: Certain benefits are based on the tier achieved and you are eligible for these benefits while you are in that tier, regardless of the number of points you currently have (see reward page). If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Three Spirit website, with the exception of exclusive events or as otherwise noted.
3.1.2 Earning your points: You may earn points in various ways:
By creating an account
By subscribing to marketing emails and newsletter
By entering your birthday into your account form
By purchasing products from our website
By completing surveys and quizzes from time to time
By referring a friend
By liking us on Facebook
By following us on Instagram
3.2 Offers and rewards are available while stocks last, and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to resend offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. If one of these events occurs, please contact our dedicated Customer Services Team.
3.3 Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined by members. Only the member paying for the products and/or services may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) is confidential and should not be shared by you with any other person.
3.4 Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points and tier status credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Loyalty Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.
3.5 Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.
3.6 The products and services available through the Program and any samples that we may provide to you are for personal and domestic use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Loyalty Terms.
3.7 We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
3.8 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our Customer Services Team.
3.9 Rewards can only be redeemed on the Site they were earnt at, and only redeemed in relation to a product purchase, unless otherwise noted by Three Spirit.
5.1 On enrollment to the Program, you will be offered the opportunity to sign-up to marketing emails. We will only send them to you in case you opt-in.
5.3 Upon your agreement, we may also contact you through SMS and/or Direct Mail.
Termination and Modification
7.1 The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity at our sole discretion at any time. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits that you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof. Except where prohibited by applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Loyalty Terms and/or the Program or any aspect or feature of the Program at any time with reasonable prior notice to allow you to take appropriate measures regarding the Loyalty points acquired. Changes to the Program will be set forth in these Loyalty Terms and will be effective on the date the Loyalty Terms are posted to the Site (with the effective date reflected at the beginning of the Loyalty Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
7.2 We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Program account at any time, in our sole but reasonable discretion. Any suspected abuse of the Program, failure to comply with any Loyalty Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Loyalty Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons, gifts and/or certificates (all as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your Program account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Loyalty Terms, we reserve the right to take appropriate legal action.
7.3 If you decide that you no longer want to be a part of the Program, you may terminate your membership in the Program at any time by contacting our Customer Services Team. If you terminate your membership, you will automatically lose all accumulated points, benefits and your tier status and no longer receive Program related communications.
Release: Limitation of Liability.
8.1 We shall not be liable to you for the following:
(1) any failure by you to provide us with correct information and more generally any breach from you of the Loyalty terms,
(2) if we are unable to perform any of our obligations to you due to failure of any technical systems, interruption of service or delays for maintenance or other technical reasons or for any other reasons that fall under force majeure such as, but not limited to, war, terrorism, government action, natural disaster, epidemic or pandemic and industrial dispute.
(3) any damage to your device as a result of using the Site.
(4) any loss of information or unauthorized use of data arising as a result of you using encryption systems below our recommended level.
8.2 The disclaimers and limitations of liability in these Loyalty Terms shall not apply to any damages arising from death or personal injury caused as a result of our negligence or that of any of our employees or agents or for fraud or fraudulent misrepresentation or any liability which cannot be limited or excluded by applicable laws.
Governing Law; Dispute Resolution; Class Action Waiver
Unless the laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed in accordance with French law, without prejudice to the application of the mandatory provisions of the law of your country of residence. All disputes related to these Conditions will be submitted to the competent courts of your country of residence. Nevertheless, please note that to solve any dispute with us, you are also allowed to refer to mediation thanks to your relevant local Consumer Commission or any other alternative dispute resolution method.
Entire Agreement; Waiver and Survival.
These Loyalty Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Loyalty Terms, you have not relied on any representation except as expressly set forth in these Loyalty Terms and you agree that you shall have no remedy in respect of any such representation not included in these Loyalty Terms. Each provision of the Loyalty Terms 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 the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach by you of any provision in these Terms.
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