TERMS & CONDITIONS OF SALE
1. OUR SUPPLIER DETAILS Craft Cocktails Ltd have engaged Drinksology Ltd. trading as Spiritly.com to fulfil all orders placed on www.craftcocktails.ie website (Website). Drinksology Limited is a company registered in Northern Ireland. Our registered office is at: 13 Lombard Street, Belfast, NI, UK, BT1 1RB NI648509 (Drinksology Ltd.). You can contact Spiritly.com by email at hello@spiritly.com To purchase Craft Cocktails products and have your order fulfilled by Spirilty.com, you must be over 18 years of age and resident of the United Kingdom. Spiritly.com can only ship to UK and Ireland. Please also review the Terms of Website Use for Craft Cocktails products sales before making any purchases.
2. AGREEMENT TO TERMS & CONDITIONS OF SALE By placing your order and making payment through the Website you have entered into a contract with Drinksology Limited trading as Spirilty.com (we or us) for the provision of Craft Cocktails products (Product). It is important you read these Terms & Conditions of Sale carefully before ordering any Product through the Website because they govern your relationship with us in relation to your purchase. Please understand that if you refuse to accept these Terms & Conditions of Sale, you will not be able to order any Product(s) from the Website.
3. BASIS OF CONTRACT
Any Product order that you place via the Website constitutes an offer by you to purchase the Product in accordance with these Terms & Conditions of Sale. You are responsible for ensuring that the terms of your order are complete and accurate. Please follow on screen prompts to place an order. Orders are submitted via the Website in the following way. Once you are ready to make a purchase, you will check out of your shopping basket. The Website will ask for your payment details which will be processed on a secure server. When your payment has been processed, your order information will be passed to us including your mailing address. We will not hold any of your payment details. It is your responsibility to ensure that your order is correct before submitting it to us. If you need to change your name or delivery address, please contact the Customer Services team as soon as possible and we can amend your order details providing that your order has not been shipped. If you have any problems with your order, you should contact our Customer Services team via email at hello@spiritly.com. Our Customer Services team will respond to you directly via email. We will send you a confirmatory email to acknowledge that your order has been successfully placed with information on the Product that you have selected (Confirmatory Email). All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept your order in which case you will receive a full refund within 10 working days. On receipt of your order we will check to make sure we are able to fulfil your order. Where we accept your order, we will confirm such order by sending you a second email (Dispatch Email) confirming your order and dispatch of the Product to the delivery address you have requested. This is sent out automatically by us to the email address you register with. By sending you the Dispatch Email and thereby confirming and accepting your order, the contract between you and us is formed. You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know by email immediately if there are any issues. Invoices shall be raised by Spiritly.com and sent to you in an email.
If we cannot accept your order or part of your order.
If we are unable to accept your order (or part of it), we will e-mail you to tell you. This might be because the Product is out of stock, because of unexpected limits on our resources, which we could not reasonably plan for, because we have identified an error in the price or description of your purchase on the Website or because we are unable to meet a deadline you have specified.
The Products are not for resale.
The Products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe Products are being ordered in breach of this clause.
4. PRODUCTS
All Products are subject to availability, and we reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change. Where applicable, presentation boxes will only be supplied with a bottle where they are depicted in the Product photograph, please note that presentation boxes may be packed separately to protect them in transit. All sizes, weights, capacities, dimensions, and measurements indicated on Product packaging have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006) and varies from product to product and from one size, weight, capacity, dimension, or measurement to the next. Wherever we offer sets of different range of items, it must be considered as one Product for the purposes of sale, returns, exchanges and/or cancellations. These items are presented and will be sold only in sets and offered at a discounted price on the Website. Wherever the sets have been customised and a discount has been given by virtue of it being in a set, it will be attributed as a single Product for the purposes of sale, returns, exchanges and/or cancelations.
5. PURCHASES AND PAYMENT Where to find the price for the Product.
The price of the Product (which includes VAT) will be the price indicated on the order pages of the Website and on your Order Confirmation after you have placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please read this paragraph carefully below for what happens if we discover an error in the price of the Product you order.
We will pass on changes in the rate of VAT.
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.
What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the Product (but they have not yet been dispatched), then you will receive a full refund. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept 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 Product dispatched to you.
When you must pay and how you must pay?
We accept payment by credit or debit card or via Apple Pay, Google Pay or Shop Pay, which are listed on the Website order check-out page. Please refer to the order check-out page on the Website for an updated list of payment options available at your time of order. I. You must pay for the Products before we dispatch them. We will not charge your credit or debit card or Stripe account until we dispatch the Products to you.
II. To help to ensure that your credit or debit card or account is not being used without your consent, we may validate name, address and other personal information supplied by you during the order check-out process against appropriate third-party databases. By accepting these Terms & Conditions of Sale you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency (which may keep a record of that information). This is done only to confirm your identity. A credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and in accordance with the terms of our Privacy Policy https://spiritly.com/policies/privacy-policy III. If your payment is not processed successfully for any reason, we reserve the right to re-attempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an e-mail to the email address you have provided to us. If you do not want us to re-attempt to process payment, you must cancel your order in advance.
6. DELIVERY OF THE PRODUCTS
Please review the Delivery Information before making any purchases. The costs of delivery will be displayed to you on the Website during the order check-out process. All deliveries are made through selected courier partners and will vary depending on delivery location and availability. You will be informed of your courier upon confirmation of sale. We aim to deliver the Product to your designated delivery address within the time set out in the Dispatch Email but we are unable to give an exact delivery date. If we have not delivered the Product within 10 days of the Dispatch Email or any other date that we have agreed with you, then you may cancel the contract and we will refund any money paid by you. Ownership and risk of the Product will pass to you on delivery. We will not be liable to the extent that any failure to deliver was caused by an event outside our control, or because you failed to provide adequate/accurate delivery instructions or any other instructions that are relevant to the supply of the Product.
7. RETURNS & EXCHANGE
When you become responsible for ordered products.
A product purchased through the Website will become your responsibility from the time we deliver the product to the address you gave us. We accept no liability where you provide an incorrect delivery address. We do not, in any way guarantee that the products
When you own ordered products.
You own a product purchased through the Website once we have received payment in full of all sums due (including any delivery charges, VAT or other administration charges, which are payable by us).
8. DAMAGED AND WRONG GOODS
Subject to any specific warranties those implied by law, we do not offer any warranty or guarantee on the Product. You should inspect the Product when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible. Please note you will be required to provide photographic evidence of the damaged goods. Without photographic evidence of damage, we will be unable to process any claim you may wish to make. On proof of damaged or defective Products, we will replace the damaged Products. We reserve the right to request you to return the Product to our Customer Service Centre, at no cost to you. If we request you to return the Product to us we will refund the cost of the return of the item to us. Nothing in this section affects your statutory legal rights.
9. AGE RESTRICTIONS ON SALES
The Website is based in the UK where it is illegal for persons under the age of 18 to buy or attempt to buy alcohol and for those over the age of 18 to buy or attempt to buy alcohol for those under the age of 18. The Website is intended for users who are at least 18 years old. To purchase alcoholic products from the Website you must be at least 18 years old and not be buying the Products for anyone under the age of 18. When you place an order, you agree that you or another adult eligible to purchase alcohol will be available to sign for the Product. If no eligible adult is available, you accept full responsibility for rearranging delivery or collection with the relevant courier. Please note that you or whoever is accepting the delivery can be asked for a valid ID proof to confirm their age and identity and when asked so, it must be provided. If the ID proof is not provided, this will hold a valid ground for us to cancel the said delivery.
10. PERSONAL DATA
We will process your personal data to the extent required to fulfil your order / contract. For further information, please visit our Privacy Policy https://spiritly.com/policies/privacy-policy
11. LIMITATION OF LIABILITY
These Terms & Conditions of Sale do not exclude our liability (if any) to you for: (a) personal injury or death resulting from our negligence; (b) fraud or fraudulent misrepresentation; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) under Part 1 of the Consumer Protection Act 1987; or (e) for any other liability that cannot be limited or excluded by law. Subject to the above, in no event shall we be liable to you for any losses and we shall only be liable to you for reasonable losses which you suffer as a result of our breach of these Terms & Conditions of Sale. Our liability for reasonable losses you suffer as a result of us breaching these Terms & Conditions of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms & Conditions of Sale. Losses are foreseeable where they could be contemplated by you and us at the time of contract. We are not responsible for any delay in, or failure of, performance of our obligations under any contract arising from any cause beyond our reasonable control. Nothing contained in these Terms & Conditions of Sale in any way affects your statutory rights.
12. OTHER IMPORTANT TERMS Print a copy of these Terms & Conditions of Sale:
We advise you to print a copy of these Terms & Conditions of Sale for your information in the future. The contract and all communications between us will be conducted in English.
We may transfer this contract to someone else.
We may transfer our rights and obligations under these Terms & Conditions of Sale 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 this contract.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these Terms & Conditions of Sale to another person if we agree to this in writing.
Nobody else has any rights under these Terms & Conditions of Sale.
A person who is not a party to a contract governing the Terms & Conditions of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms & Conditions of Sale expressly provide for such rights.
If a court finds part of these Terms & Conditions of Sale illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms & Conditions of Sale, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms & Conditions of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not request payment but we continue to provide the Product, we can still require you to make the payment at a later date.
Notices: All notices given by you to us must be given in writing to the address set out at the beginning of these Terms & Conditions of Sale. We may give you notice at either the email or postal address you provide to us when placing an order.