Terms Of Purchase
1. INFORMATION ABOUT US
1.1 www.gourmetdrops.com ("Website") is provided to you by Britvic Soft Drinks Limited ("us", "we" or "our").
1.2 Our registered office is Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, HP2 4TZ and our registered number is 00517211. Our VAT no. is GB 772 1252 45
1.3 You can contact us by email at firstname.lastname@example.org or by telephone on 0800 032 1767.
2. TERMS OF PURCHASE
2.2 These Terms of Purchase apply to any Contract (as defined below) for the sale of Products to you. Please read these Terms of Purchase carefully and make sure that you understand them before ordering any Products from us. Note that before placing an Order (defined below), you be will asked to agree to these Terms of Purchase.
2.3 We advise that you print a copy of these Terms of Purchase or save them to your computer for future reference.
2.4 These Terms of Purchase are only available in the English language.
3. PLACING ORDERS
3.1 You may place orders for Products in accordance with these Terms of Purchase if: a) you are over 18 years old, b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment) and c) are located, at the time of your purchase, in the United Kingdom (including Channel Isles and Â Isle of Man) and/or such other territories as are listed on our Website from time to time as a delivery address ("Approved Delivery Location"). Unfortunately we do not accept orders or deliver outside of the UK via the Website. If you wish to purchase the Products outside the United Kingdom please contact us through our webform or by email and we can discuss whether we can arrange delivery.
3.2 You may place an order for Products (an "Order") via our Website.
3.3 When placing an Order, please ensure you provide complete and accurate information. Information we may require includes your: title, first name, surname, phone number, email address, and delivery and invoicing addresses. It is your responsibility to ensure that the Order is correct and accurately reflects your selection. If an Order is not correct in any way, you must notify us immediately by contacting our customer services team by telephone on 0800 032 1767 or by email at email@example.com
3.4 If you choose to place an Order via our Website, do take time to check your Order before submitting it.
3.5 When placing an Order you will be taken to a payment gateway where your payment details will be validated. Once your payment has been validated we will communicate acceptance of your Order by sending you an e-mail ("Confirmation"). A contract between us ("Contract") will be formed when we send you such Confirmation.
3.6 If you place an Order and we discover that the Product is out of stock or no longer available prior to giving you a Confirmation, we will inform you of this by e-mail and, where a Product is temporarily out of stock, ask if you wish to proceed with your purchase. If you do wish to proceed with your Order, we will not be under any obligation to supply the Product until we know we can supply it and we have given you a Confirmation.
2.7 If you place an Order for multiple Products and some of those Products are unavailable, we may process the Order in respect of the available Products.
2.8 If you discover that you have made a mistake with your Order after we have given you a Confirmation, please contact us immediately by email at firstname.lastname@example.org or by telephone on 0800 032 1767. Note that we are generally unable to rectify mistakes after details of your Order have been sent to our warehouse, although you may still have the right to cancel as described below.
4. PRICE, PAYMENT AND ADVANCE PURCHASE
4.1 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed. We reserve the right to promote the same Products or similar products with varying offers depending on the advertising route and/or time.
4.2 All prices include any applicable VAT. Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK.
4.3 The price of a Product does not include delivery charges. These are stated on our Website. Our delivery charges, if any, shall be made available to you on our Website or during the check-out process if you place an Order via our Website.
4.4 We use our best efforts to ensure that the Products and our Website are in stock and correctly priced however there is always a possibility that some Products may be incorrectly priced or listed as in stock when out of stock. If we discover an error in connection with the price or stock status of the Products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the Product: (i) at the correct price in respect of mispriced Product; or (ii) in accordance with clause 3.6 if the Product is out of stock. Alternatively, we will give you the option of cancelling your Order in respect of that Product. We will not process your Order in respect of that Product until we have received your instructions. If we are unable to contact you using the most up to date contact details that we have for you, we will treat the relevant part of the Order as cancelled and notify you by email at the address provided to us. Note that if the pricing error is obvious, unmistakable or could reasonably have been recognised by you as a mispricing, we shall not be obliged to provide the relevant Products to you at the incorrect (lower) price.
4.5 Our Website sets out the method of payments that we are able to accept.
4.6 We will only take payment or pre-authorisation of payment once the Order has been accepted by us. However, subject to clause 3.6, once we have accepted an Order, we may take full payment even if the Products are not in stock or are not ready for delivery.
4.7 Products that are the subject of an Order will not be dispatched until payment for all of the Products that are the subject of that Order has been received in full by us. If we have only taken pre-authorisation for payment of an Order on accepting that Order, we will process that payment before we deliver the Products to you.
4.8 Payments for all Products must be paid in Pound Sterling or such other currency as stated on our Website from time to time.
5.1 Discount code offers may be restricted to use by certain customers or on specific products or orders and we reserve the right to cancel, modify or restrict these offers at any time without notice to you and for any reason.
5.2 Discount code offers may not be shared, sold or exchanged. Discount codes from unauthorised internet postings are not valid and may be declined.
5.3 We reserve the right to decline or cancel orders placed with discount codes at our sole and final discretion. Placement or confirmation of an order does not constitute final acceptance of any order.
6.1 We only deliver Products to an Approved Delivery Location (see clause 3.1). If you require Products to be delivered elsewhere, please contact our customer service team by email email@example.com or telephone 0800 032 1767 at and they will try to assist you.
6.2 We will arrange for delivery of the Products using our chosen delivery partner, Royal Mail in accordance with their standard terms and conditions which are accessible here. We aim to deliver Products to you as soon as we can but we cannot guarantee delivery on or by a specific date. We will ensure that you are contacted with an estimated delivery date (“Estimated Delivery Date”) usually 2 to 5 business days.
6.3 We may deliver Products in several consignments but will not charge you any extra delivery charges for this.
6.4 Risk of any damage to or loss of the Products shall pass to you at the time of delivery.
6.5 If the carrier is unable to deliver an item because it does not fit through the letter box, no-one is available to receive or sign for it and there is no other delivery instruction attached, the carrier may deliver the item to a neighbour’s address and leave a card for the person the item is addressed to explaining that it has been left with a neighbour. If the carrier chooses not to leave the item with a neighbour or the item has been sent using Special Delivery or the carrier cannot find a neighbour, the carrier will take the item back to its local premises and leave a card at the address. The card will give the person the item is addressed to the option to have the item delivered to that address later, or tell them where they can collect the item from.
6.6 Ownership of Products that are the subject of an Order will only pass to you when we receive full payment of all sums due in respect of that Order, including delivery charges (if applicable).
6.7 If we have not delivered the Products that are the subject of a Contract within 30 days of the Estimated Delivery Date, you may: a) either cancel the relevant Contract and we will refund you any money that you have already paid in respect of the cancelled Products; or b) specify a new deadline for delivery provided that it is appropriate in the circumstances (and if we fail to meet the revised delivery date (where appropriate), you can cancel your Contract and we will refund you any money that you have already paid in respect of the cancelled Products.
6.8 If you choose to cancel your Contract for late delivery pursuant to clause 6.7, you may do so for some or all of the Products that are the subject of the relevant Contract provided that the splitting up of those Products does not materially reduce their value or unfairly prejudice us.
6.9 If you choose to cancel your Contract for late delivery pursuant to clause 6.7 but Products that are the subject of the cancelled Contract have already been delivered to you, you must promptly return them to us in accordance with our Returns Policy (set out below at clause 10), and we will pay for the costs of the return provided they are not unreasonable. No refunds for delivered Products shall be made until we have received the relevant Products.
7.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to portray the Products accurately, your Products may vary slightly from those images.
7.2 The packaging of the Products may vary from that shown on the images on our Website.
7.3 Any Products purchased must not be resold or made available for resale on a commercial basis.
8. RIGHT TO CANCEL FOR CONVENIENCE FOR PURCHASES MADE FROM THE UK
8.1 In addition to your other legal rights, if you place your Order from the UK (including Channel Isles or Isle of Man) you have (subject to certain exceptions) the right to cancel your Contract for convenience in respect of one or more Products if you change your mind about those Products and to get your money back in accordance with the terms set out below ("Right to Cancel").
8.2 Your Right to Cancel (if you are so entitled) starts from the date of the Confirmation relating to the Contract and ends 14 days after the date on which you have received all of the Products that are the subject of the relevant Contract.
8.3 Unfortunately, you do not have a Right to Cancel if you placed your Order from outside the UK, Channel Isles or Isle of Man.
8.4 If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the cancellation period referred to in clause 8.1 above. You may (but are not obliged to) do this by completing the Cancellation Form set out below and sending it to us by email firstname.lastname@example.org or by post to Gourmet Drops, Drayton House, Drayton Rd, Shirley, Solihull B90 4NA or by calling our Customer Service Team on 0800 032 1767.
To: [Britvic Soft Drinks Limited,]
I hereby give notice that I cancel my contract of sale of the following Products:
[insert name of Products to be returned]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer's name if different):[insert]
Your address (or the customer's address if different):[insert]
8.5 If you exercise your Right to Cancel, you must return the Products to us in accordance with our Returns Policy (see below) as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling part or all of the Contract.
8.6 If you exercise your Right to Cancel in accordance with this clause 8, we will refund you all payments received from you in respect of the cancelled Products including the costs (if any) of outbound delivery paid by you. We may make a deduction from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you.
8.7 Except where Products supplied to you are faulty or not as described, you are responsible for the costs of returning the Products, unless we have notified you that we offer a returns service.
8.8 Any refunds payable by us to you shall be paid to you using the same method used to pay and within 14 days of the earlier of the date that:
(a) we receive the relevant Products back from you; or
(b) you provide evidence that you have returned the Products to us at the correct address.
8.9 If you exercise your Right to Cancel in accordance with this clause 8 prior to the Products being dispatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the Contract.
9. FAULTY GOODS
9.1 We are under a legal obligation to supply Products in conformity with the Contract.
9.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of cancellation for convenience or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 If a Product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see below).
10. RETURNS POLICY
10.1 You may only return Products in accordance with your Right to Cancel (see clause 7) or if we have supplied you Products in breach of your legal rights or in accordance with clauses 6.7 or if we have failed to deliver.
10.2 Unless we tell you otherwise, if you wish to return Products to us, please ensure that you:
- (a) contact us in advance by telephone on 0800 032 1767 to tell us that you wish to return the Product so that we know to expect it;
- (b) place the order number clearly with Product to be returned;
- (c) include a copy of the invoice with the returned Product;
- (d) retain proof of posting; and
- (e) follow any other reasonable instructions given by us.
- If you don't comply with this Returns Policy such that we don't receive back the Products in a timely manner, it may not be possible for us to process any refund due.
10.3 Please return all Products to us at Gourmet Drops, Drayton House, Drayton Rd, Shirley, Solihull B90 4NA or such other address specified by us.
10.4 We will not be able to accept any Products that have been returned in breach of clause 10.1. If we are unable to accept a returned Product, we will contact you using the most up to date contact details provided to us. If we are unable to accept a returned Product, we will, at your request, return the Product to you at your cost or make it available for collection.
11. LIMITATION OF LIABILITY
11.1 We only supply goods for domestic and private use. Accordingly, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses or any indirect, special, incidental or consequential loss that you may incur as a consequence of our failure to comply with the Contract.
11.2 Nothing in these Terms of Purchase is intended to exclude or limit in any way our liability:
- (a) for death or personal injury caused by our negligence;
- (b) for fraud or fraudulent misrepresentation; or
- (c) any matter for which it would be illegal for us to exclude or to attempt to exclude or limit.
12. EVENTS BEYOND OUR REASONABLE CONTROL
12.1 We will not be responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
12.2 If any act or omission outside of our reasonable control takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Terms of Purchase will be suspended and the time for performance will be extended for the duration of the event outside its reasonable control.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign or otherwise dispose of any part or all of this Contract.
13.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of this Contract at any time.
14.1 If we fail, at any time to insist on strict performance of any of your obligations under our Contract, or if we fail to exercise any of our rights or remedies, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. OUR RIGHT TO VARY THESE TERMS OF PURCHASE
We have the right to amend these Terms of Purchase from time to time. However, each Contract will be subject to the Terms of Purchase that were in force at the time of your Order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these Terms of Purchase before we give you a Confirmation.
16. APPLICABLE LAW AND JURISDICTION
These Terms of Purchase shall be governed by and construed in accordance with English Law and, subject to clause 17, you agree to submit to the exclusive jurisdiction of the English courts.
17. ALTERNATIVE DISPUTE RESOLUTION
17.1 If you have a complaint relating to these Terms of Purchase, we will attempt to resolve the complaint internally. If our internal complaints process is exhausted and the complaint is not settled, you may make a request to us for the dispute to be settled by mediation through the Retail ADR service provided by CDRL If you do so, we shall consider whether or not we wish to use CDRL to try to resolve the dispute but we are not be obliged by law to do so. Further information can be found at www.retailadr.org.uk.