Terms and Conditions of Purchase for Consumers
Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site.
To register with and shop with drinks626.co.uk and drinks626.com you must be eighteen years of age or over.
These Terms and Conditions were most recently updated on 22 February, 2007 and apply to sales to consumers.
- Purchase contract
- Price and dleivery charges
- Methods of payments
- Delivery
- Defective goods
- Amendements to orders
- Warranty and Liability
- Privacy
- Customer complaints
- Special offers promotions and compatitions
- General
1 PURCHASE CONTRACT
1.1 This website is operated by Drinks Dusk Till Dawn Ltd ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not, in any way, be re-sold or otherwise circulated without our prior written consent.
1.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.4 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
1.5 The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during our licensed hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order (persons 18 years or older).
2 PRICE AND DELIVERY CHARGES
2.1a The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b Prices and descriptions maybe subject to change without prior notice.
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 The price of goods does not include a charge for delivery, for the postcodes in our cachment area, this will be £6.95
2.4 At present we provide delivery to the following postcodes (SW1, SW3, SW4, SW6, SW10, SW11, SW12, SW13, SW14, SW15, SW17, SW18, SW19, TW2, TW3, TW4, TW7, TW8, TW9, TW10, TW11, TW12, TW5, TW4, KT1, KT2, W4, W5, W6, W7, W13, WC1, WC2, EC1, EC2, EC3) for a standard £6.95 delivery fee. Any other London postcodes will incur additional fees and possibly take longer to get to you depending on where you are located. If your delivery is subject to this charge you will need to phone in your order on 0207 498 1355 to be quoted an accurate delivery charge. PLEASE NOTE THIS CHARGE IS IN ADDITION TO THE DELIVERY CHARGE REFERRED TO IN 2.3 ABOVE.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit or credit cards. You cannot pay for your order by cheque.
3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
3.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20.
4 DELIVERY
4.1 Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Details & Settings" feature on the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.3 We will always try to supply you with the full quantity that you have ordered. We will require that you check your goods and sign a delivery acceptance form on receiving your order. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery period (1hr) and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.5 Should you fail to be present for your delivery we are entitled to charge you in full for items ordered and a re-delivery charge (twice the original charge)
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing, by phoning us to report any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us at the time of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 Once your order has been despatched it cannot be altered or cancelled, if you need additional goods a separate order will need to be made incurring normal delivery costs in line with our delivery pricing schedule 2.5
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8 PRIVACY
8.1 To help us ensure the best possible service some telephone calls will be recorded.
8.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. Our full privacy policy.
8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to us via letter, telephone or email – you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11 GENERAL
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through drinks626.co.uk and drinks626.com, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
drinks626.co.uk and drinks626.com are trading names of Drinks Dusk Till Dawn Ltd. The registered company address is Spaces Business Centre, Ingate Place, London SW8 3NS. Registered in England. Company registration number: 6660383.
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