THESE DAYS TERMS AND CONDITIONS
THESE DAYS TERMS AND CONDITIONS
Please read the following important Terms carefully, and check that you agree with them, before you use the Website or place an order for the drinks available at the Website (“Products”) on our online shop.
- About THESE DAYS
1.1 The www.thesedaysdrinks.com (“Website”) is owned and operated Bardrinks Limited, a company incorporated in England with registered address at 63 Durham Road London, SW20 0DE and with number 13120936 (“”, “we” or “us”). [Our VAT number is 381 5676 68.]
1.2 How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our Products are faulty or misdescribed, or wish to end your contract with us, you can contact us:
- by e-mail at email@example.com
- by post to the address set out in clause 1.1 above.
- These Terms
2.2 By using the Website, you agree to be bound by these Terms. Please do not use the Website or create an Account (see clause 3.1), if you do not agree to the Terms.
2.3 The Products offered via this Website are for consumers in the UK only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms you confirm that you will not use the Website in any business or professional capacity (unless otherwise agreed by us in writing).
2.4 This Website is not aimed at those under 18 years of age or individuals or businesses outside the UK.
2.5 You must be at least 18 years old to create an account with us and buy Products in our online shop. We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18.
2.6 By placing an order or creating an account you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.
2.7 These Days may change or discontinue the availability of the Website or any Products and at any time without prior notice.
- Your Account
2.1 You can view the Website as a guest without creating an account but in order to make a purchase through our Website, you must register with us and set up an account with a username and password (your “Account”). You will also need to provide certain information about yourself (such as payment details and delivery address).
2.2 The Website is intended for users over the age of 18 and These Days does not knowingly collect or solicit any information from anyone under the age of 18. If it becomes clear to us that we have collected personal information from an under 18, we will delete that information as quickly as possible.
2.3 You must keep your login details secure and you are responsible for any activities that occur under your Account. To report any suspicion that your Account has been misused, you should contact us at firstname.lastname@example.org .
2.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. you must not disclose it to any third party. Accordingly, you are responsible for all activities that occur under your Account.
2.5 You may not sell, gift or transfer your Account to another person. you should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
2.7 You can delete your Account at any time, for any reason, by following the Account deletion instructions at insert URL to relevant page on the Website.
- Product Purchases and Payment
3.1 To purchase Products via the Website, you can place an order from your Account or follow the guest checkout process. We may acknowledge receipt of your offer on screen, followed by an email. This acknowledgement does not mean that your order has been accepted. We will only accept your order when we email you to confirm this, at which point the contract for the purchase of Products is formed. We will send that confirmation email to the email address associated with your Account [or provided during the checkout process].
3.2 If we are unable to accept your order, we will email you to inform you, and no contract between us will come into force. This might be, for example, because the Products are unavailable, we cannot authorise your payment or there has been a mistake on the pricing or description of the Products. If we do not accept your order, we will refund your payment for your order by the method you used for payment within 48 hours.
3.3 You can cancel or make changes to your orders at any time up to 8pm on the day prior to the scheduled delivery day. you can view details of your orders, make changes to your orders, and cancel your orders online within your Account on our Website.
3.4 You authorise us to charge your payment card account. By submitting an offer to purchase and providing us with your payment card details at checkout, you authorise These Days (acting by its payment processor) to charge the relevant account to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.
3.5 These Days currently processes payments via a trusted third party payment provider and accordingly, you hereby consent and authorize These Days to share any information and payment instructions you provide in order to complete payments via the Website.
3.6 Please check your order carefully before submitting it. If you need to cancel your order or correct any errors in your order before submitting it to us, you can do so by contacting us using the details in clause 1 above [or by using the buttons available on screen during the ordering process]. For information on cancelling and changing orders once submitted to us, please see clause 6.
5.1 The cost of delivery will be added to the price of Products and will be as shown on the Website at the point you place your order.
5.2 You can add any specific, reasonable, delivery instructions to your Account on our Website (for example, “leave on the doorstep”). The address and any other information you provide to us must be accurate and complete. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it, or by you giving us incorrect or incomplete information.
5.3 If you change your address, you must update your details on your Account or let us know using one of the methods set out in these Terms. If you do not provide delivery information when requested, we may not be able to provide you with goods. In this case, we may have to cancel a delivery but we will notify you if this is the case at the time.
5.4 We reserve the right to discontinue Products without notice. If that change affects an active order, we will let you know as soon as possible and:
(a) where possible, we will offer to substitute that Product with an alternative product; and
(b) you can refuse to accept such substitutes, in which case we will offer you a refund. If it is not possible to offer you an alternative Product, or if you choose a refund, our contract with you for the supply of that Product will end, and we will make the refund as soon as possible and in any event within 14 days.
5.5 Delays and events outside our control. If supply of the Products is delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or event preventing delivery. Provided we notify you of such delay or non delivery, we will not be liable for delays or failure to deliver caused by the event, but if there is a risk of substantial delay or we inform you that we are not able (in our discretion) to work around the event preventing delivery, then either we or you may end the contract upon written notice and you will receive a refund for any Products you have paid for but not received. Events outside our control include (but are not limited to) bad weather, fire, flood, hostilities and civil disturbance that may affect the safety of our drivers or delivery of our Products, acts of government or other authorities and labour disputes.
5.6 Delivery of Products will take place when our delivery provider delivers them to you at the address that you gave to us and leaves your order as per your delivery instructions. A signature may be required.
5.7 We are responsible for the Products until they are delivered to you. You are responsible for the Products once delivery has taken place and will own the Products once they have been paid for.
5.8 You must notify us if you believe we have not delivered your Products, as soon as possible (in any event within 3 days of the scheduled delivery), so we can rectify matters. In the event that we have failed to deliver the Products, then we will arrange redelivery or a refund at your request.
- Your rights to cancel the contract
6.1 Cancelling because you’ve changed your mind. As you are purchasing the Products online you have a legal right to change your mind and cancel the contract within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery, but excluding the costs of return).
6.2 Returning faulty Products. The Products sold to you must be as described, fit for purpose and of satisfactory quality. This means that (having regard to the expected lifespan of the Product you ordered) you are entitled to the following:
- a) Up to thirty days: if the Products you received are faulty, then you can get a full refund (this refund will include costs of delivery and return).
- b) Up to six months: if the Products you received can’t be repaired or replaced, then you’re entitled to a refund in most cases.
6.3 How to exercise these rights. To exercise the rights described in this clause 6, please let us know by contacting us by one of the methods listed above. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.4 Returning the Products. If you end the contract after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Boroughbox, Unit 10, Quadrant Park, AL7 1FS, Welwyn Garden City or (if they are not suitable for posting) allow us to collect them from you. Please contact us as above for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
6.5 Deduction from refunds. If you are have changed your mind:
- a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6.6 Refund method. In the first instance, We will try to refund any sums you are due under this clause 6 to the same payment method used for the relevant order.
- Using the Website
7.1 We may update and change the Website from time to time to reflect changes to the services and/or Products we provide, our users' or suppliers’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
7.2 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
7.4 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
7.5 The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
- Our rights in the Website
8.1 All intellectual property rights in the materials and content comprising our Website, including but not limited to images, written content and designs, belong us or we have permission from
the owner to use them in the Website. We give you permission to use the materials and content comprising the Website for the sole purpose of using the Website in accordance with these Terms. you are not granted any other rights other than as set out in these Terms.
8.2 You are not permitted to use the “These Days” name, or any of the “These Days” trademarks, logos, domain names and other distinctive brand features, unless otherwise agreed with us in writing.
8.3 You may freely browse the Website but may only access, download, print or use the content for your private use provided that:
(a) you retain and reproduce all copyright and other proprietary notices contained herein on any such content,
(b) the content shall not be modified in any way and you do not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text and
(c) your use does not constitute infringement of the rights of These Days or any third parties including (without limitation) defamation, or infringement of the right of privacy or right of publicity.
Our status (and that of any identified contributors) as the authors of the content and materials on the Website must always be acknowledged.
8.4 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 You also agree:
- a) Not to reproduce, duplicate, copy or re-sell any part of the Website
- b) Not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
8.7 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
8.8 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and we have no control over, or responsibility for, the contents of those sites or resources.
8.9 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. you should use your own virus protection software.
8.10 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. you must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. You shall not modify, interfere, intercept, disrupt or hack the Website or knowingly introduce viruses, or other material which would harm the Website or any user, nor mine data, scrape or crawl any part of the Website or disassemble, decompile or reverse engineer any part of it.
8.11 You may use the Website only for lawful purposes and may not use the Website: a) In any way that breaches any applicable local, national or international law or regulation.
- b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
- c) For the purpose of harming or attempting to harm minors in any way
- d) To bully, insult, intimidate or humiliate any person.
- e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.12 Failure to comply with clause 8 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
- a) Immediate, temporary or permanent withdrawal of your right to use the Website, including de-activating your Account.
- b) Issue of a warning to you.
- c) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- d) Further legal action against you.
- e) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We will not be liable for losses or damages caused due to any action we may take in response to breaches of clause 8.12. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
8.14 The Website is constantly developing and improving so we may improve the experience for our users. Sometimes we may need to update, stop offering or supporting a particular feature of the Website. When a change to the Website has been made, your continued use of the Website will show that you have accepted any changes to the Website. you are always free to stop using the Website and/or deactivate your Account.
- Consequences of breaking these Terms
If you breach these Terms, we may (at our discretion and with or without notice to you) temporarily or permanently ban your use of the Website or de-activate your Account. We may take legal action against you and you will reimburse any of our costs related to such breach by you. We may also report you to law enforcement authorities as we see fit.
- Our liability/responsibility to you
10.14 We do not limit our liability for:
- a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- b) for fraud or fraudulent misrepresentation;
- c) where section 31(1) if the Consumer Rights Act 2015 does not permit us to exclude or limit liability (including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us;);
- d) for defective Products under the Consumer Protection Act 1987; or e) for any other matter which we may not exclude as a matter of law.
10.15 Subject to clause 10.1 above, we are not legally responsible for:
(a) losses that:
(1) were not foreseeable to you and us when the contract was formed; or (2) were not caused by any breach on our part; or
(3) it would have been reasonable to expect you to limit.
(b) business losses; and
(c) losses to non-consumers.
(d) If defective digital content which we have supplied (for example, the Website) damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.16 We intend that the Website is available as much as possible, but there may be interruptions from time to time for maintenance (scheduled and emergency) and you accept that the Website is provided to you on an “as available” and “as is” basis. you accept that the internet may be subject to breaches of security and that the submission of information may not be secure. We are not responsible or liable for any loss or harm caused by viruses designed to impair the Website.
10.17 We do not accept any liability for any third party links/websites that are contained in the Website and you accept that you access such third party links/websites subject to the terms and conditions of those third party websites.
- Changes to these Terms
11.14 We may update these Terms from time to time, generally where new features are added, there are changes in the law or we need to clarify our position on something. Any changes will take effect on the date set out in the communication we send you notifying you of the update, or at the time the revised Terms are posted. Where you continue to use the Website then we shall assume you have agreed to the updated Terms.
11.15 In the event of a significant change to the Terms, we will try to give you advance warning of any such changes. We may contact you through the Website (for example by asking you to accept the changes before you continue to use the Website) or via a separate email. The current version of the Terms are the only terms and conditions that apply to our relationship with you.
- Other important terms
12.14 If part of the Terms cannot be enforced then the remainder of the Terms will still apply to our relationship.
12.15 If you do not comply with these Terms and we don’t take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
12.16 We may assign any of our rights and obligations under these Terms.
12.17 No third party (except where applicable, the permitted assign of These Days) is entitled to the benefit of these Terms under the Contracts (Rights of Third Parties) Act 1999 or any other equivalent law.
12.18 These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.