Terms & Conditions - Bottled Cocktails Only
These terms and conditions outline the rules and regulations for the use of JustLuxuryCocktails’s Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use JustLuxuryCocktails’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of UK. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By using JustLuxuryCocktails’s website you consent to the use of cookies in accordance with JustLuxuryCocktails’s privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Interpretation
A ‘business day’ means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.
The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
Words imparting the singular number include the plural and vice-versa.
Goods
The description of the goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the goods by us. Descriptions of the goods set out in our sales documentation are intended as a guide only.
We can make any changes to the specification of the goods which are required to conform to any applicable safety or other statutory regulatory requirements.
Price
The price of the goods is set out in our original quotation and will be applied to every order unless otherwise agreed beforehand.
The price is inclusive of fees for packaging and transportation unless otherwise agreed and stated.
The price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
We reserve the right to adjust our prices by notifying you in writing with at least two weeks notice.
Cancellation and alteration
Once an order has been placed you must cancel within 24 hours, or before the order has been collected by our delivery partner.
Either of us can cancel the order for any reason prior to the goods being delivered.
Payment
We will invoice you for the price on or at any time after the delivery of the goods.
You must pay the price within the due date in accordance to any credit terms agreed between us.
If you do not pay within the period set out above, we will suspend any future deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 5% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
All payments must be in British Pounds unless otherwise agreed in writing between us.
Both parties must pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Delivery
We will arrange for the delivery of the goods to the address specified by you on the New Account Form or to another location we have agreed in writing.
Subject to the specific terms of any special delivery service, delivery can take place any time of the day and must be accepted between 9am and 5pm.
If you do not take delivery of the goods we may make arrangements for the re-delivery of the goods or have the goods returned to us.
Any dates quoted for delivery are approximate only. We will not be liable for any delay in the delivery of the goods that is caused by a circumstance that is beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
Inspection and acceptance of goods
You must inspect the goods on delivery or collection
If you identify any damages or shortages, you must inform us in writing with 1 day of delivery, providing details.
Other than by agreement, we will only accept returned goods if we are satisfied that those goods are defective and if required have carried out an inspection.
Subject to your compliance with this clause and/or our agreement, you may return the goods and we will, as appropriate, replace or refund the goods or parts of them.
We will under no liability or further obligation in relation to the goods if:
If you fail to provide notice as set above; and/or
You make any further use of such goods after giving notice under the clause above relating to damages and shortages; and/or
The defect arises because you did not follow our oral or written instructions about storage, use and maintenance of the goods; and/or
The defect arises from misuse or alteration of the goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
You bear the risk and cost of returning the goods.
Acceptance of the goods will be deemed to be upon the inspection of them by you and in any event with 24 hours of the delivery.
Risk and title
The risk in the goods will pass to you on completion of delivery.
Title to the goods will not pass to you until we have received payment in full.
Termination
We can terminate the sale of goods under contract where:
You commit a material breach of your obligations under these terms and conditions;
You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
You enter in a voluntary arrangement under part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors;
You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of any administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced in relation to your insolvency or possible insolvency.
Limitation of liability
Our liability under the contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods act 1979) are excluded to the fullest extent permitted by law.
If we do not deliver the goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of goods.
Our total liability will not, in any circumstances, exceed the total amount of the price payable by you.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:
Any indirect, special or consequential; loss, damage, costs or expenses; and/or;
Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
Any loss caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
Any loss relating to the choice of the goods and how they will mee your purpose or the use by you of the goods supplied.
Data Protection
When providing goods to the buyer, the seller may gain access to and/pr acquire the ability to transfer, store or process personal data of employees of the buyer.
The parties agree that where such processing of personal data takes place, the buyer shall ‘data controller’ and the seller shall be ‘data processor’ as defined in the General Data Protection Regulations (GDPR) as may be amended, extended and/pr re-enacted from time to time.
For the avoidance of doubt, ‘Personal Data, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall the same meaning as in the GDPR.
The seller shall only Process Personal Data to the extent reasonably required to enable it to provide the goods as mentioned in these terms and conditions or as requested by and agreed with the buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal data for its own or for any third party’s purposes.
The seller shall not disclose personal data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The seller shall implement and maintain technical and organisational security measures as are requested to protect Personal Data Processed by the seller on behalf of the buyer. For any enquiries or complaints regarding data privacy, you can email: events@justluxurycocktails.co.uk
Circumstances beyond the control or either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
License
Unless otherwise stated, JustLuxuryCocktails and/or it’s licensors own the intellectual property rights for all material on JustLuxuryCocktails. All intellectual property rights are reserved. You may view and/or print pages from https://www.justluxurycocktails.co.uk for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://www.justluxurycocktails.co.uk
Sell, rent or sub-license material from https://www.justluxurycocktails.co.uk
Reproduce, duplicate or copy material from https://www.justluxurycocktails.co.uk
Redistribute content from JustLuxuryCocktails (unless content is specifically made for redistribution).
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence
limit or exclude our or your liability for fraud or fraudulent misrepresentation
limit any of our or your liabilities in any way that is not permitted under applicable law
exclude any of our or your liabilities that may not be excluded under applicable law
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.