Terms and Conditions of the Supply of Goods through www.threespiritdrinks.com
- OUR TERMS
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:
A. Up to 30 days: if your Goods are faulty, then you can get a refund if you return the Goods to us;
B. 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;
C. 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.
- 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 150 Wharfedale Road, Winnersh Triangle, Berkshire, RG41 5RB.
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.
- 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 November 21, 2018.
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.
- 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 to confirm acceptance, at which point a Contract will come into existence between you and us. The placing of an order on our Site 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 the product is out of stock, 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.
- 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 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.
- YOUR RIGHT TO MAKE CHANGES
Once your order has been accepted it is not possible to make changes to that order.
- OUR RIGHTS TO MAKE CHANGES
We may make minor changes to the Goods to reflect changes in relevant laws and regulatory requirement.
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.
- 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 and will not be held liable for any delay in delivery.
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.
- 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 what you have bought is faulty then you will have a right to return the Goods and receive a replacement product or refund provided you notify us within 14 days of delivery.
- 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. All Goods must be returned 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 wish to end the Contract then you must notify us through our Customer Services Team by emailing email@example.com.
Any refunds due under the Contract shall be made by the method you used for payment. There will be no refund for the costs of delivery. We will make all refunds to you as soon as possible but in any event within 30 days of notification.
Any refund is subject to the condition on which the Goods are returned and that we do receive the Goods back from you. You must return the Goods to:
Curtain House, 134-146 Curtain Road London EC2A 3AR UK
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.
- 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 fee as compensation.
- 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.
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.
- OUR USE OF YOUR DATA
- 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.
- TERMS FOR NON-EU CUSTOMERS ONLY
THIS PARAGRAPH ONLY APPLIES IF YOU ARE LOCATED OUTSIDE OF THE EUROPEAN UNION
If a non-EU customer wishes to cancel his Contract we will refund the price paid for the Goods, reduced to reflect:
- Any reduction in value of the Goods if this has been caused by the customer handling it in a way which would not be permitted in a shop; and
- Any reduction in the value of the Goods which results from damage to the Goods which occurs when it is being returned to us.
If we make a refund to a non-EU customer and later discover that the customer has not returned the Goods to us, or that the customer has handled it in an unacceptable way, it has been damaged by the customer or by the customers carrier when it is being returned to us, the customer must pay us an appropriate amount. We will calculate that amount, acting reasonably , and will deduct it from the bank account which the customer used to pay for the Goods.
We are not able to refund:
- Any postage or packaging costs which the non-EU customer paid in connection with the delivery of the Goods to him or the return of those Goods to us; or
- Any import duties, taxes or administration fees incurred in connection with the delivery or return of the Goods.
We shall make refunds to non-EU customer using the same method used to pay.
- 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.
- 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.