Last modified: 28 June 2021
These terms and conditions ("Terms") apply to your use of this website (our "Sites") and to the supply of our products ("Products") and services ("Services") to you. Please read these Terms carefully before using our Sites or purchasing Products and/or Services from us.
These Terms tell you who we are, how we will provide Products and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to be bound by these Terms, you may not use or access our Sites or place an order with us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We recommend that you print a copy of these terms for future reference.
SECTION 1 - OVERVIEW
Us and You
This website is owned and operated by Enotria Winecellars Ltd (trading as Spirits Kiosk). Throughout these Terms, references to "us", "we" or "our" are references to Enotria Winecellars Limited (trading as Spirits Kiosk), company number 01071904, 23 Cumberland Avenue, London, NW10 7RX.
These Terms apply to all users of our Sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You may only purchase Products and Services from our Sites if:
- you are an individual; and
- you are buying Products and/or Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
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.
Our Sites
Any new features or tools which are added to our Sites shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Sites following the posting of any changes constitutes acceptance of those changes.
SECTION 2 - ONLINE SHOP TERMS
Use of our Sites
Our Sites are made available free of charge.
We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Products
Any Products purchased via our Sites cannot be resold or otherwise used in connection with a trade, business, craft or profession.
The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images. The packaging of the Product may vary from that shown in images on our Sites.
Age Restrictions
It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person over the age of 18 to buy or attempt to buy intoxicating liquor for any person under the age of 18. We are committed to upholding our legal and social obligations as a retailer of intoxicating liquor.
By placing an order for Products you confirm that you and the recipient of the Product is at least 18 years old. If our couriers are in doubt of the age of the recipient of any Products they will request some form of ID. In the event that this is not satisfied they are not permitted to leave the Product.
We may validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. If we cannot verify your age using this method we may contact you to ask for a driving licence number (or other evidence) in order to proceed with the order.
General Conditions
We reserve the right to refuse sale of Products or Services to anyone for any reason at any time. You may not use our Products or Services for any illegal or unauthorised purpose nor may you, in the use of our Sites, violate any laws in your jurisdiction (including but not limited to copyright laws).
We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or the Services, use of the Sites or the Services, or access to the Sites or the Services or any contact through which access is provided, without express written permission by us.
You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
A breach or violation of any of the Terms will result in an immediate termination of your right to use our Sites and you must, at our option, return or destroy any copies of the materials you have made.
You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
SECTION 3 - TERMS OF SALE
This section ("Terms of Sale") shall apply to all Products and Services ordered from our Sites.
Contract
The placing of an order on our Sites does not constitute a contract. The contract between you and us will only be formed on confirmation of your order. We may notify you that we do not accept your order, or you can cancel your order in accordance with the instructions set out in the "Cancellation and Refund" section below.
Our non-acceptance of your order may be a result of one or more of the following:
- The Products or Services you ordered are unavailable
- Unexpected limits on our resources which we could not reasonably plan for
- We were unable to obtain authorisation for payment
- We were unable to verify that you are aged over 18
- The identification of a pricing or product description error
- The repeated or fraudulent use of vouchers or promotions (see below)
If we do not accept your order, we will inform you of this and will not charge you for the order of Products or Services.
You agree to provide current, complete and accurate purchase and account information for all purchases made via our Sites. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Vouchers and promotions
Please note the separate terms and conditions applicable for any promotion or voucher you use to order Products or Services. In the event you repeatedly or fraudulently use vouchers or promotions to order Products or Services, we reserve the right to take action against you, including but not limited to reporting any fraudulent actions to the police and/or seeking to recover any sum properly owed. Please note that any fraudulent use of vouchers may be a criminal offence under the Fraud Act 2006.
Vouchers and promotions are all subject to maximum order quantities (see below).
10% off when you sign up
Customers who subscribe to the Spirits Kiosk mailing list receive a voucher code for 10% off their next order, which is sent by email. The 10% discount is subject to a maximum value of £25, so orders greater than £250 will receive a flat £25 saving. The signup discount is for a single use per customer.
Pricing and Availability
Products are sold online subject to maximum order quantities which we reserve the right to change at any time. If you wish to purchase more than these maximums, please contact us. For trade enquiries we may direct you to Enotria&Coe, our trade arm.
All prices are listed in pounds sterling. The prices include UK duty and VAT, unless otherwise specified. Any delivery charges are additional, unless otherwise specified.
Prices are subject to change without notice. We also reserve the right to terminate any promotional offer at any time without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Services.
We endeavour to ensure that all pricing information on our Sites is accurate. In the event a product you have ordered was listed at an incorrect price, we will contact you before dispatching the Products to confirm if you still wish to proceed with your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
All Products and Services are subject to availability.
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
Ordering Products and Services
We reserve the right at any time to modify or discontinue the sale of any Products and/or any Services (or any part or content thereof) without notice at any time.
Products and Services may be made available through our Sites as online exclusives. These Products and Services may be subject to return or exchange limitations according to our Return Policy. Where required this information will be highlighted.
We have made every effort to display as accurately as possible the colours and images of our Products that appear on our Sites. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Delivery of Products
General Information
We offer a range of delivery options. Available options are dependent on the Product and delivery destination(s). All delivery options are subject to availability. Working days exclude UK public holidays. For further details of delivery options and prices, please go to our Delivery page.
Delivery options will be displayed at checkout. We aim to process and dispatch orders within 48 hours and deliver within four working days. Working days are classed as Monday to Friday. Any dates quoted for delivery are approximate only.
Deliveries are guaranteed and fully insured. Our carrier will attempt to deliver twice. If the recipient fails to accept the delivery or to respond to calling cards, the delivery will be returned to us. It is the recipient's responsibility to communicate to us and/or to our carrier if there are any known issues related to delivery. There may be a charge for re-delivery.
We reserve the right to restrict deliveries or to withdraw services to individual addresses based on exceptional circumstances.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
Delivery of Services
We will begin the Services on the date set out in the order on the date we accept your order or on the date agreed with you during the order process. The estimated completion date for the Services is as told to you during the order process.
Cancellation and Refund
You may cancel your order in accordance with the Cancellation Policy and/or Quality Guarantee below. You need to inform us you wish to cancel your order by contacting our Customer Services team using one of the methods in the "Contact Us" section below. If you are e-mailing us or writing to us please include details of your order to help us identify it.
Refunds will be made to the same payment method originally used to make payment for your order. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, provided the Products are unopened and intact and the goods in its original packaging:
- if we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; and
- in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Cancellation Policy (Consumer Contracts Regulations 2013)
Our contract for Products is completed when the product is delivered and paid for. Our contract for Services is completed when we have finished providing the Services and you have paid for them.
Where we are at fault you may end our contract for any of the following reasons.
- We have told you about an upcoming change to the Product or these Terms of Sale which you do not agree to;
- We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- There is a risk that supply of the Products may be significantly delayed because of events outside our control;
- We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- You have a legal right to end the contract because of something we have done wrong.
If any of the above reasons apply, the contract will end immediately and we will refund you in full for any Products or Services which have not been provided. You may also be entitled to compensation.
Where we are not at fault, the following cancellation policy will apply when you buy Products from our Sites or by phone:
- You are entitled to cancel our contract for the Products if you so wish, provided that you exercise this right no later than 14 days after the day on which you receive the Products;
- Your right to cancel our contract for the supply of Products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
- If you wish to exercise your right of cancellation, you must retain possession of the goods and take reasonable care of them (duty of care);
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address;
- You can submit cancellation online, by email or phone;
- If you decide to cancel, we may require that you return the Products to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to the Products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery); and
- We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling or use by you. We will make the reimbursement no later than 14 days after the day we receive back from you the Products supplied.
Where we are not at fault, the following cancellation policy will apply when you buy Services from our Sites or by phone:
- We will not provide Services to you within 14 days after you order our Services, unless you specifically request us to do so;
- You do not have the right to change your mind in respect of Services, once theses have been completed, even if that is within 14 days of your purchase; and
- If you cancel our contract for Services before it has been fully performed, you must pay for the supply of the service for the period for which it is supplied.
If we are not at fault and you do not have a right to change your mind under the above conditions, you can still end the contract for Products and/or Services before it is completed, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products or Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
We may end the contract for a product at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
- You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
- You do not, within a reasonable time, allow us access to your premises to supply the Services.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Quality Guarantee
If you do not enjoy our Product or Services or you suspect that they may be faulty please contact our Customer Services team using one of the methods in the "Contact Us" section below.
If you receive a Product that is damaged or faulty, we will always replace, refund, or recommend an alternative Product as appropriate. We reserve the right to collect faulty Product for inspection.
This does not affect your statutory rights.
If your order includes multiple quantities of the Product, provided you have only consumed one and the remaining Products are in their original packaging, intact and unopened, we may arrange for collection at our cost.
Breakages
We have made every effort to ensure the packaging of our Products are fit for purpose. Any Product broken in transit will be replaced as soon as we have been notified of the breakage.
All Products should be examined at the time of delivery. We cannot be held liable for any breakages once you have accepted and signed for your delivery. Please notify us of any discrepancies, shortages or damage within 48 hours of delivery.
SECTION 4 - SECURITY AND DATA PROTECTION
We have made every effort and take extra precautions to protect users’ information. We have in place security systems and encryption technology to help ensure the security of your personal information. The servers on which we collect and store personal information are kept in an accredited and secure environment.
When buying through our Sites, you can be sure that you are protected.
Data
Any details which you provide to us from which we can identify you are held and processed lawfully and in accordance with the Data Protection 2018 and our Privacy Policy. All partner organisations are under strict obligation to keep your personal information private.
We may collect, use, store and transfer the following different kinds of personal data about you: Identity Data, Contact Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data and Marketing and Communications Data. We explain these categories of data in our Privacy Policy. We use different methods to collect data about you, which are also explained in our Privacy Policy.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Performance of Contract
- Legitimate Interest
- Consent
- Comply with a legal or regulatory obligation
We explain these circumstances further in our Privacy Policy.
NOTE: No financial information is stored on our servers. This information is held securely by our payment partners on our behalf. This information is used for billing purposes and to fulfil your orders.
Payment
We use third party Payment Service Providers . These providers enable a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours.
Our Payment Service Providers may use a range of secure measures such as fraud screening, I.P. address blocking and 3DSecure to protect us and you. All sensitive data is secured using internationally recognised 256-bit encryption standards.
Our Payment Service Providers are PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Marketing
You may be asked whether you would like to opt in to receive further information from our Sites which we think may be of interest to you e.g. email newsletter. This requires information such as name and email address to be retained by us for this purpose. If you no longer wish to receive this type of information you can opt-out of these communications by contacting Customer Services or by following the unsubscribe instructions included in any email received.
Competitions
When you enter any of our competitions, you may need to provide your name, email and/or mailing address. Winners will be notified by email. Competition entries by default add you to our opt-in list to receive further information from our Sites. You can opt-out of these communications by following the unsubscribe instructions in any email received.
Reviews
By submitting a review to our Sites, you confirm and certify that you are at least 18 years old and the sole author and owner of the intellectual property rights and that all "moral rights" that you may have in such content have been voluntarily waived by you. Any content you upload to our Sites will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but by submitting content you grant us a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to remove or to refuse to post any submission for any reason. We reserves the right to change, condense or delete any content that we deem, in our sole discretion, to violate content guidelines. We do not guarantee that you will have any recourse to edit or delete any content you have submitted.
You agree and certify that you shall not submit any content that is known by you to be false, inaccurate or misleading, infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, for which you were compensated or granted any consideration by any third party, includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
You warrant that any submission to our Sites complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
By submitting contact information e.g. email with a review, you agree that we may use this information to contact you about your review and other related administrative purposes.
SECTION 5 - COOKIES
Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently. Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly.
Some of the cookies we use are essential for our Sites to function correctly – for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalise your online experience, track your journey through our Sites (so that we can maximise your experience and help us understand how we can improve it) or analyse the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners.
Our uses of Cookies fall into the following general categories:
- Essential/Operationally Necessary – necessary to the operation of our Sites. This includes technologies that allow you access to our Sites, that are required to identify irregular site behaviour, prevent fraudulent activity and improve security, or that allow you to make use of our functions such as shopping baskets, saved search, or similar functions.
- Functionality-Related – allow us to offer you enhanced functionality when accessing or using our Sites. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.
- Performance-Related – allow us to assess the performance of our Sites including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.
NOTE: If you decide not to have certain cookies stored in your browser you may lose the functionality that they facilitate. Please read the description of the cookie or set of cookies carefully.
A list of cookies we use on this website and their purposes can be found in our Privacy Policy. We obtain your consent by providing you with transparent notice of use of Cookies and providing you with the opportunity to make a choice to disable these technologies as set forth above.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our Sites or through the Services may include materials from third-parties.
Third-party links on our Sites or provided to you as a part of our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Sites in any website that is not owned by you. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice
SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or in our Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Sites or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Sites or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Sites or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any laws, statutes, regulations and codes from time to time in force;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to transmit viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or that will or may be used in any way that will affect the functionality or operation of the Sites or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Sites, our Services or any related website, other websites, or the Internet.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We reserve the right to terminate your use of Sites or any related website for violating any of the prohibited uses above.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
SECTION 9 - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not guarantee, represent or warrant that your use of our Sites or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on them.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Sites; or
- use of or reliance on any content displayed on our Sites.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products 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; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
- We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out above in relation to our liability to you as a business user.
SECTION 10 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Sites or refuse provision of our Services (or any part thereof).
SECTION 12 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on our Sites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 13 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
SECTION 14 - CONTACT US
Questions about our Sites, these Terms and any queries regarding Products or Services, including delivery and/or orders, should be sent to us at [email protected]
Our postal address is Spirits Kiosk, 23 Cumberland Avenue, London, NW10 7RX. We can be contacted by telephone on +44 020 8961 5161