drinksin.com Ltd Terms & Conditions
BACKGROUND:
This agreement applies as between you, the User of this Web Site or Purchaser and drinksin.com Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Business Customers
These Terms and Conditions apply to business customers only.
If you are a non-business customer please consult our Consumer Terms and Conditions located here
Intellectual Property
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of drinksin.com Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by drinksin.com Ltd.
Information you provide to us
Upon using Drinksin.com Ltd's web sites and products, you will be prompted to disclose certain information about yourself and your company. By providing this information to us you are requesting, and you expressly consent to being contacted by drinksin.com Ltd via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of drinksin.com Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.drinksinCITY.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of drinksin.com Ltd. To find out more please contact us by email at support@drinksin.com or by post, 27 Old Gloucester Street London WC13XX.
Use of Communications Facilities and Content Submission
When given using the message boards, chat facilities or similar and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
you must not use obscene or vulgar language;
you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
you must not submit Content that is intended to promote or incite violence;
it is advised that posts on message boards, chat facilities or similar and communications with drinksin.com Ltd are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
you must not post links to other web sites containing any of the above types of Content;
the means by which you identify yourself must not violate these terms of use or any applicable laws;
you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
you must not impersonate other people, particularly employees and representatives of drinksin.com Ltd or our affiliates;
you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that drinksin.com Ltd reserves the right to monitor any and all communications made to us or using our System.
In order to use the message boards, chat facilities or similar and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
any information you submit is accurate and truthful; and
you will keep this information accurate and up-to-date.
By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. drinksin.com Ltd accepts no responsibility or liability for any infringement of third party rights by such Content. [Further, you waive all moral rights in the Content to be named as its author and grant drinksin.com Ltd a licence to modify the Content as necessary for its inclusion on the Web Site. drinksin.com Ltd accepts no responsibility or liability for any infringement of third party rights by such Content.]
drinksin.com Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
Unless a User informs drinksin.com Ltd otherwise, in advance of posting, in writing, and drinksin.com Ltd agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as drinksin.com Ltd may deem appropriate under a royalty-free, perpetual basis.
Content submitted by Users is not screened by drinksin.com Ltd prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to support@drinksin.com. This does not constitute an undertaking to explain our actions.
Termination and Suspension
In the event that any of the provisions of Sub-Clause 6.1, above, are not followed, drinksin.com Ltd reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
Accounts
In order to purchase Goods on this Web Site and to use some facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:
all information you submit is accurate and truthful;
if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. drinksin.com Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact drinksin.com immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, drinksin.com Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
Termination and Cancellation
Either drinksin.com Ltd or a User may terminate an Account. If drinksin.com Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If drinksin.com Ltd terminates an Account, any current or pending purchases on your Account will not be cancelled and will not be dispatched.
drinksin.com Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
Payment
Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and drinksin.com Ltd.
Interest will be charged on a daily basis, commercial interest at 4.5% above the base rate of the Bank of England obtaining at the time.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from drinksin.com Ltd correspond to the actual Goods, drinksin.com Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
All pricing information on the Web Site is correct at the time of going online. drinksin.com Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Goods and drinksin.com Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
All prices on the Web Site do include VAT. drinksin.com’s VAT number is <<ENTER NUMBER>>.
International Customers
If Goods are being ordered from outside drinksin.com’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. drinksin.com Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported.
Please be aware that Goods may be inspected on arrival at port for customs purposes and drinksin.com Ltd gives no guarantee that the packaging of the Goods will be free of signs of tampering.
Property, Risk and Account of Profits
Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by drinksin.com Ltd. Title remains with drinksin.com Ltd until payment is complete.
If the Purchaser sells the Goods on to its own customers in any form, either as purchased from drinksin.com Ltd or forming a component part of a larger Good, and any amount of the purchase price payable to drinksin.com Ltd remains outstanding, the Purchaser must account to drinksin.com Ltd for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for drinksin.com Ltd until payment has been received in full by drinksin.com Ltd.
drinksin.com Ltd reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, drinksin.com Ltd has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of drinksin.com Ltd.
Delivery
drinksin.com Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
If drinksin.com Ltd receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Returns Policy
drinksin.com aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange return. drinksin.com is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
If any Goods purchased have faults when they are delivered, the Purchaser should contact drinksin.com Ltd within 28 days to arrange return. drinksin.com Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
If the Purchaser wishes to return Goods to drinksin.com Ltd for any of the above reasons, please contact us at sales@drinksin.com to make the appropriate arrangements.
drinksin.com Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of the Goods;
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
Privacy
Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
Disclaimers
drinksin.com Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions
drinksin.com Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If drinksin.com Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
drinksin.com Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, drinksin.com Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts drinksin.com Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of drinksin.com Ltd.
Nothing in these Terms and Conditions excludes or restricts drinksin.com’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@drinksin.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and drinksin.com Ltd shall be governed by and construed in accordance with the Law of England and Wales and drinksin.com Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.