The London Gin Club on-line shop Terms and Conditions
Please read these terms and conditions carefully, by using this website or submitting an order you are agreeing to them. If you refuse to accept them you will not be able to order any products.
In this document:
- ‘we’ means Post Limited, and ‘us’ and ‘our’ will be construed accordingly.
- ‘you’ means our customer or potential customer for goods (and “your” will be construed accordingly).
- ‘Products’ means the goods that we sell to you as set out on your order whether you are buying a single product or multiple products.
- ‘Order’ means your order for Products
- Writing or written includes faxes and e-mail.
- ‘Website’ means The London Gin Club on-line shop
- ‘Tickets’ means tickets for London Gin Club tasting events
All use of this website and on-line shop and all Orders and purchases made are governed by these Terms. We amend these Terms from time to time. Please retain a copy for your records.
The headings in these Terms are for convenience only and do not affect its interpretation.
You have a legal right to cancel a Contract within 14 days of the date of delivery of the product to you. This means that during this period, if you change your mind you can cancel the Contract and receive a refund.
Your right to cancel a Contract is subject to exclusions. You are not entitled to cancel your contract for the purchase of:
- tickets for London Gin Club tasting events,
- a Product which is sealed for health protection purposes which you unseal after you receive it.
Please note Ticket sales for London Gin Club tasting events are final once purchase has been made. Tasting event tickets are strictly non-transferrable, non-exchangeable and not refundable and cannot be exchanged for cash. Please see section 10 for full details
Our refund and returns policy is in accordance with statutory rights under the Consumer Contracts Regulations.
1. About us
- We are Post Limited trading as The London Gin Club, a company incorporated in England and Wales, registered number 03607020 whose registered office is at 22 Great Chapel Street, London, W1F 8FR. We operate The London Gin Club on-line shop.
- If you wish to contact us for any reason please contact us at email@example.com
- If we need to contact you we will do so by e-mail or by post to the address you provide to us in your order.
2. Our right to vary these Terms
- All use of this website and on-line shop and all Orders and purchases made are governed by these Terms.
- We amend these Terms from time to time.
- You should check prior to each use or Order to ensure that you understand the precise Terms applicable to your website visit or purchase.
- The Terms governing any given use or purchase will be those in effect at the date of your Order or specific use. If you use or Order products after we have published any changes you will be bound by those changes.
3. Age restrictions
- It is illegal for someone under the age of 18 to purchase alcohol. It is illegal for an adult to purchase alcohol for someone under the age of 18.
- You may only purchase an alcoholic Product from us if you are:
- at least 18 years old, or of legal age to purchase alcohol in the country where you place the order; and
- not buying that Product for or having the Product delivered to anyone under the age of 18 (we deliver to the UK only).
- By placing an Order to purchase a Product you agree to act in accordance with the Licensing Act 2003 and you warrant to us that it is lawful for you to order and purchase the Product and for the recipient to receive the Product. If you breach this warranty we may end the Contract and charge you reasonable compensation for any costs we incur which may be deducted from the bank account used to pay for the Product.
4. Products and their descriptions
- Each Product on our website is sold subject to it’s product description which includes product specific information.
- Images of Products on our website and on-line shop are for illustration purposes only. The Product which we deliver to you may differ slightly from the images on our website.
- Spirit tasting is subjective, different people will have a different flavour and tasting experience of the same product. Tasting notes do not form part of the description of any Product.
- All sizes, dimensions, capacities and measurements stated in our product descriptions have a small tolerance. The tolerance is set by 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.
5. Basis of sale and Contract creation
- These Terms will apply to every contract between us for the sale of Products to you (Contract), whether that Contract is finalised using our on-line shop, over the phone, by email, written correspondence or otherwise.
- We sell Products to you as a consumer (a private individual purchasing goods). We do not sell Products to trade customers.
- We sell and deliver to the United Kingdom only.
- You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms;
- the information provided in your Order is accurate and complete; and
- you will be able to accept delivery of the Products.
- The shopping basket and check out function of our on-line shop will guide you through the steps to place an Order. The process enables you to check and amend any errors before you submit an order. Please check all the details are correct before you submit and pay for an Order.
- After you place an Order you will receive a confirmation e-mail acknowledging that your order has been received. This confirmation does constitute order acceptance.
- For items being delivered (as opposed to customer pick-up) we will send you a dispatch confirmation email.
- Order acceptance and formation and completion of the Contract takes place when we dispatch the ordered Products to you. We will confirm acceptance of your Order by sending you a dispatch confirmation e-mail (Dispatch Confirmation).
- If a mistake has been made on your order please contact us within 24 hours of the order being placed.
- We have absolute discretion to accept or decline any order. In the event an order is declined we will not send a Dispatch Confirmation but will inform you promptly and will not process your order. If you have paid for the Products ordered, we will refund the full amount including any delivery costs charged.
- You are advised to carefully check a Product for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as you become aware of any problem.
- If we require additional information from you in order to deliver a Product to you (for example, additional address information) we will contact you to request the information. If you do not give us the information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the Contract. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- The price of a Product is as listed on our on-line shop at the time you submit your order. All prices include any VAT payable.
- All prices exclude delivery charges. Delivery charges are listed and explained during the check-out process before order confirmation.
- We take every effort to ensure prices are accurate, however discrepancies may occur. In the event we discover a price difference once a Product is ordered we will contact you as soon as possible to confirm the correct price and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not proceed to issue a Despatch Confirmation until we have your decision. If we are unable to contact you using the contact details provided during the order process we will treat the order as cancelled and notify you in writing.
- Prices are liable to change at any time, price changes will not affect your order once it has been accepted.
- Payment can be made using any of the payment methods listed at the payment stage of the checkout process.
- All payments must be made in advance, including costs of delivery. If you select customer pick-up as the delivery method and collect your item from the bar there will be no delivery charge.
- We reserve the right to end the Contract immediately if a payment is rejected.
- We deliver to the UK only.
- Our aims are:
- to dispatch Products within 4 days of your order being confirmed.
- to package the item safely and securely for delivery.
- For email delivery (Tickets only) Products will be sent to the email address specified by you in the order and stated in the order confirmation you will receive.
- For postal delivery methods Products will be sent to the delivery address given in the Order, this is included in the order confirmation you will receive.
- If no one is available at the specified delivery address to take receipt of Products our carriers will usually:
- leave a note that they have attempted to deliver the Product (if this occurs, please contact the carrier to re-arrange delivery).
- leave your parcel in a safe place;
- leave your parcel with a neighbour;
- Delivery of an order shall be completed when our carrier delivers the Product using one of the methods referred to above; or when you collect the Product from us or when someone else collects the products on your behalf.
- From the time of delivery the Product(s) are your responsibility.
- If you are informed of a failed delivery attempt but do not re-arrange delivery of a Product or collect that Product from the carrier we (or the carrier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If we are unable to contact you or re-arrange delivery or collection we may end the Contract and charge you reasonable compensation for the costs which we incur. We may deduct that compensation from the bank account which you used to pay for the Product.
- In the event an item arrives damaged please contact us immediately, please refer to section 12 for details.
- In the event an item does not arrive within 10 days of the Dispatch Confirmation please contact us.
- If you do not take delivery of the item within four weeks of the Dispatch Confirmation and you fail to notify us you will be liable for the postal charges and any loss of value of the item.
9. Ownership of goods
- Ownership of the goods does not pass from The London Gin Club to you until they have been paid for in full (including delivery charges) and the Order has been accepted. The company reserves the right to take the appropriate action to recover any such goods if payment is defaulted.
10. Tasting Event Tickets
- You are not entitled to cancel your contract for the purchase of tickets for London Gin Club tasting events. The statutory right to cancel does not apply to contracts for services for leisure activities for a specific date or period of performance.
- Tasting Event ticket sales are final once payment has been made and tickets cannot be returned, refunded or exchanged and cannot be exchanged for cash.
- Tickets are valid for the specified event and date for which the tickets were purchased and cannot be exchanged. Tickets are for specific dates, dates are not exchangeable, Tickets cannot be used against any other event or date.
- We will not refund Tickets or transfer or exchange bought Tickets to another event or date under any circumstances excepting:
- If the event you have a ticket for is cancelled you are entitled to a refund of the face value of the ticket.
- If an event you have a ticket for is rescheduled to another date, your tickets will be valid for the rescheduled date. If you can't make the rescheduled date, you are entitled to a refund of the face value of the ticket.
11. Your right to cancel
11.1 Exclusions - You are not entitled to cancel your Contract for the purchase of the following Products:
- tickets for London Gin Club tasting events (Tickets). Please see section 10 for full details.
- a consumable Product which is sealed for health protection purposes which you unseal after you receive it.
11.2 Right to Cancel - You have the right to cancel your Contract for purchase of the following products, without giving any reason, within 14 days of the date of delivery of the product to you:
- any product purchased separately from and in addition to a Ticket.
- To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement within 14 days of the date of delivery of the product to you, please include your name, address, details of the Order you wish to cancel, your phone number and email address.
- You can request cancellation by contacting us at firstname.lastname@example.org or by post to The London Gin Club, 22 Great Chapel Street, London, W1F 8FR
- If you request to cancel after the Products have been dispatched to you we will be unable to process a refund until the Product(s) have been returned to us in their original condition. You are responsible for the cost of returning the Product to us. Please see the Returns section 13 below. Once the Product has been returned to us we will process a refund as described below.
- Except as set out below, if you cancel your Contract, we will refund:
- The price paid for the Product
- Costs of delivery of the Product, except for the additional costs arising if you chose a type of delivery other than the standard and least expensive method of delivery offered by us.
- We may make a deduction from the refund (potentially to zero) for loss in value of any Products supplied:
- if the loss is the result of unnecessary handling by you other than what is necessary to establish the nature, characteristics and functioning of the Product (e.g if you unseal a Product which is sealed for health protection purposes).
- if the loss is the result of damage to the Product which occurs when it is being returned to us.
- We will make the refund without undue delay, and not later than:
- 14 days after the day we receive back from you any Products supplied, or
- 14 days after the day you provide evidence that you have returned the Products, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel your purchase.
- We will make the refund using the same method used to pay for the Purchase, unless expressly agreed otherwise.
- If you have received the Product before your request for cancellation of the Purchase, you are required to send back the Product(s) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. You must send the Product(s) back to us at The London Gin Club, 22 Great Chapel Street, London, W1F 8FR. Please include a copy of the order email which you receive from us, or the order number to allow us to identify your order.
- You will be responsible for the cost of returning the Product(s) to us.
- Products, unless faulty, must be returned in their original condition:
- With original packaging and labels
- Undamaged and unused (excludes normal examination of the product as you might do in a shop)
- Please note you do not have the right to cancel a Contract in the circumstances set out in the section above 11 and that your right to a refund may be reduced in accordance with section 12 above.
14. Defective Products or incomplete orders
- We advise that you inspect Products promptly at the time of delivery and notify us of any defects promptly after delivery by contacting us at email@example.com
- If a Product is defective or has not been described accurately you have the right to a refund or a replacement:
- up to 30 days: if a product is faulty, you can get a refund if you return the product to us;
- up to six months: if a product is faulty you are entitled to a replacement. If a product cannot be replaced, you’re entitled to a refund in most cases if you return the Product to us.
- We will refund the price of the Product in full and the delivery charges you paid to have the Product delivered to you and any reasonable costs you incur in returning the Product to us.
- In the unlikely event of Products(s) arriving damaged or your order is incomplete please contact us immediately us at firstname.lastname@example.org with your order number, describing in detail the nature of the shortage or defect. If stock allows we will provide you with a replacement, or refund you the full amount including additional postage and packing on receipt of defective goods.
- You must send the Product back to us at The London Gin Club, 22 Great Chapel Street, London, W1F 8FR. Please include a copy of the order email which you receive from us, or the order number to allow us to identify your order.
15. Damage / wear and tear
- We shall not be liable for any defect in Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, if you fail to follow Product instructions, or any alteration or repair you carry out without our prior written approval.
16. Warranty and Liability
- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract cancellation rights.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms for:
- any economic losses (including without limitation loss of income, revenues, profits, contracts, business, anticipated savings or wasted expenditure); or
- any loss of goodwill or reputation; or
- any special, indirect or consequential loss, costs, damages, charges or expenses;
suffered or incurred by you arising out of or in connection with the provisions of any matter under these Terms.
- We only supply Product(s) for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Some Products contain warnings about the way in which and by whom they are to be used. We are not responsible for any loss or damage which is caused as result of you ignoring any Product warnings which are reasonably obvious upon examination of the Product.
- Nothing in these Terms shall in any way exclude or limit our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited by law.
- If you are a consumer, any statutory rights you have which cannot be excluded or limited, will not be affected by these Terms.
17. Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- strikes, lock-outs or other industrial action; or
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; or
- failure by our suppliers to supply the goods to us which are required to fulfil your order, or
- failure or breach of contract by a carrier or other sub-contractor
- Our obligations under these Terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps resume normal business and to find a solution by which our obligations under these terms can be performed despite the force majeure event. If we have been unable to resolve a force majeure event within one month we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
- References in this section to Force Majeure Events do not include any action taken by you to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to or have frustrated or hindered our performance of the Contract, we may treat the order as cancelled, end the Contract and notify you in writing.
- We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law.
18. Other terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- Our contract is with the person who places the order. You may not transfer any of your rights or obligations under these Terms to another individual without our written consent. In the event you require us to transfer your rights to another individual all obligations included in the original order will be applied to them.
- This Contract is between the person who places the order and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- These Terms and the Order you place set out the entire agreement and understanding between you and us for the sale of Products. You agree that in accepting these Terms you have not relied on any representations not expressly contained in these Terms in relation to the purchase of Products. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms by you, we will only do so in writing. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision of these Terms by you.
- If any court or competent authority finds that any provision (or part of any provision) of these Terms and/or the Order is invalid, unlawful or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and/or the Order will not be affected.
- Each provision of these Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
19. Tasting menu gift certificates (no longer for sale)
- Gift certificates are non-refundable and cannot be exchanged for cash.
- All Gift Certificates are valid for 9 months from the date of purchase and must be used within that timeframe.
- All Gift Certificates have an expiry date on the front (9 months from the date of purchase). Gift Certificates must be used in the London Gin Club bar on a date up to and including the expiry date, otherwise the Gift Certificate will be deemed to be void and can no longer be used, and no liability will be accepted by the London Gin Club or London Peculiar.
- The expiry date of gift certificates cannot be extended under any circumstances
- It is the responsibility of the purchaser to keep their Gift Certificate or the email Gift Certificate safe.
- We cannot replace lost or stolen Gift Certificates. If your Gift Certificate has been redeemed by someone else we cannot replace its value or the Gift Certificate itself.
20. Gin Money (no longer for sale)
- Gin Money is non-refundable and cannot be exchanged for cash.
- All Gin Money is valid for 12 months from the date of purchase and must be used within that timeframe.
- All Gin Money has an expiry date (12 months from the date of purchase). Gin Money must be used in the bar on a date up to and including the expiry date on the front, otherwise the Gin Money will be deemed to be void and no liability will be accepted by the London Gin Club.
- Once Gin Money has expired it is void and can no longer be used.
- It is the responsibility of the purchaser to keep their Gin Money safe. We cannot replace lost or stolen Gin Money.
- If your Gin Money has been redeemed by someone else we cannot replace its value or the Gin Money itself.
- If your gin money is damaged you may not be able to use it, Please keep it safe When presented to us it must not be torn or marked in any way.
- You warrant that all the information you provide when you register as a customer or place an Order is true, accurate, current and complete in all respects; and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
- You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your website account and/or your Personal Information.
4. Our rights
We reserve the right to:
- modify or withdraw this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
5. Intellectual property and right to use
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
- You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only in order to make a Purchase from us. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. Other websites
- We may have links to external websites that you may choose to access at your sole discretion.
- If you choose to click on a link and are taken to another website you acknowledge and agree that we are not responsible or liable, directly or indirectly, for: the content of the website, the privacy practices of the website, any occurrence whilst using the website, any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products, goods or other materials or services available on such external websites.
7. Acceptable use
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.