Terms & conditions
We are Amathus Drinks PLC (also the Company, or referred to in the first person), registered in England and Wales with company number 1689532. Registered office and principal address: 309 Elveden Road, Park Royal, London NW10 7ST UK. VAT reg 403888440.
Alcohol Wholesalers Registration Scheme - Section 88C(1), Alcoholic Liquor Duties Act 1979: Amathus Drinks Plc is approved by HMRC to carry on a controlled activity and is registered under the Alcohol Wholesaler Registration Scheme under AWRS registration no XZAW00000103368
If you have an order related query:
- Phone: 0208 951 98 40
- E-mail: firstname.lastname@example.org
For all other enquiries please write to us at the above address.
If you would like to buy any of our drinks or other products or goods (Goods) on this Website, please select your items and go to our online checkout. Where you can review your order, payment and delivery details. You agree (i) to be bound by the terms and conditions set out below (Conditions); (ii) to pay the delivered price for the Goods so ordered, when you click PLACE ORDER. If you are unable to agree to them, we are afraid that you will not be able to use our ordering service and you should not proceed with your order.
These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and you (also referred to as the Customer) or set out in the Customer's standard terms and conditions. If there is any conflict between the other provisions of this Website and these Conditions; or the provisions of your order and these Conditions then, unless the Company otherwise agrees in writing, these Conditions will prevail. Together with any such terms accepted by the Company in writing in connection with your order, these Conditions constitute the entire agreement between the Company and the Customer in respect of the Goods ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
Prices for Goods are quoted on our Website in £ sterling, exclusive of VAT. Goods may be collected at our stores or at our warehouse by using the Click and Collect service for collection during designated hours. Prices for delivery (see Condition 5, below) are quoted where requested and added to the final price. The final price, inclusive of VAT and delivery, will be calculated and shown in checkout before you click PLACE ORDER. The Company has used all reasonable endeavours to ensure that prices are accurately set out in the Website but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when your order is accepted. Where your order is supplied in instalments (Scheduled Delivery) the price payable will be that applicable at the time of despatch of the first part of your order but, where Scheduled Delivery may continue for a period of 90 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Goods increase before the end of that period. Consumers’ rights to cancel (see Condition 8) are unaffected by any such change in price.
Payment is due in cleared funds prior to despatch of Goods. Payment must be by credit or debit cards accepted by us. We can only accept cards registered to a UK address with 3D secure, to aid security of payment systems and to prevent fraud.
All orders are accepted by us subject to and in accordance with these Conditions. We may vary these Conditions at any time. We reserve the right to reject any order. An order will not bind us unless we accept it by sending you a confirmation of order. A confirmation of order does not imply that the Goods are in stock for immediate despatch. The Company reserves the right to decline to trade with any company or person at its absolute discretion. Minimum order is 1 item online. An item is defined as 1 x minimum quantity that can be ordered of a specific item. (Please note that in some instances Goods are only available in cases and this one case is the equivalent of 1 item only.) "Single" prices are for orders of less than 12 items in your trolley. "Mix (12+)" prices are applied for orders of 12 or more items. In this instance, the prices will change automatically for your entire order. For some items where there are more than 1 bottle in a single item we offer the discounted price regardless of number of items in your trolley and these will be identifiable as prices will appear the same for both on these items. Orders may be accepted by the Company by despatching the Goods, but despatch will not be acceptance where the price has been incorrectly quoted or referenced by the Customer in its order.
The Company will use reasonable endeavours to despatch Goods ordered before 12 noon, Monday to Friday on the day of order and any Goods ordered after that time the next working day, provided that the Goods are in stock. Where Goods ordered are out of stock/non-stock items, it may not be possible for the Company to arrange same or next day working despatch, but the Company will make reasonable endeavours to notify the lead times for Goods, where known. Delivery will usually be made to the address specified by the Customer but the Company may insist on delivering to card billing addresses. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates, but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.
6. Inspection, defects and non-delivery
The Customer must inspect the Goods as soon as is reasonably practicable.
The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 3 working days of the date when Goods should have been delivered. The liability of the Company for non-delivery or non-performance or for Goods notified as defective will be limited to replacing the Goods in question, or to refunding the price paid for the relevant Goods.
7. Returns – trade/non consumers
Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorisation number (RAN) within 7 days of delivery. All Goods are returned at the Customer's risk and expense and should be undamaged by the Customer and in their original packaging and must be accompanied by a RAN, and returned within 7 days of being notified of the RAN. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Any goods so returned will be subject to a handling charge of 20% or £10 whichever is greater.
8. Returns – Consumer Contracts Regulations - Consumers
If the Customer is buying as a 'consumer', as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the 2013 Regulations, as modified or amended from time to time), the Customer may, without giving any reason, within 14 days of delivery of the Goods, cancel his/her entire order and return the Goods unopened and in their original packaging and be repaid the price paid in respect of them within 14 days of their return (or, where no Goods have yet been delivered by the Company, within 14 days of cancellation of the order by the Customer).
The Customer may cancel orders in part provided no Goods have been delivered at the point of cancellation. Where Goods have been delivered, the Customer’s right to cancel must be exercised in respect of the whole of the order, or the whole of any individual Scheduled Delivery(ies) unless the Company agrees otherwise. To return Goods on this basis, the Customer must notify the Company in writing by post or email at the addresses above and may obtain a RAN (see Condition 7) to facilitate returns above and return the Goods, in their original packaging, within the 14-day period quoting the Customer's account number and order number. Goods should be returned with proof of posting/shipping and the Customer is responsible for payment of all shipping/delivery costs for returns. In respect of certain Goods, the Company may prefer to arrange collection itself and, if requested, the Customer will allow the Company to collect the Goods and will assist in the arrangements for the Goods' collection. All reasonable costs of collection will be borne by the Customer. The Customer is responsible for the care and custody of the Goods pending their return or collection.
Following receipt of Goods which comply with this Condition, the Company will refund to the Customer the price paid in respect of the Goods (including the price of delivery but not any special delivery requested by the Customer) less any costs of collection/return. The Company reserves the right to charge handling the reasonable costs of reduction in value caused by Customer’s handling, on all such returns, and may deduct this from any refunds under this Condition 8. Nothing in this Condition 8 applies to any part of any order to the extent that regulations 6(1)(g) and or 28(1)(d) of the 2013 Regulations apply to the Goods in that order or part.
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including on despatch notes, invoices or packaging) are intended to give a general idea of the Goods, but will not form part of the contract formed by any accepted order.
10. Risk and ownership
The ownership of and risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company's carriers at the Customer's premises.
11. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Goods to comply with any such criteria. The responsibility for ensuring that Goods are suitable for a particular purpose is the Customer's. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 13, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Goods or, at the Company's option, the supply of replacement Goods. Nothing in these Conditions is intended to nor does limit the operation of paragraph (p) of Schedule 2 to the 2013 Regulations in relation to “consumers”.
The Company will, free of charge, repair or, at the Company's option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers' instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Goods. Any Goods which have been replaced will belong to the Company.
The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any replacement.
The Company's sole obligation and liability, should any Goods prove damaged or defective shall be limited to, at the Company's option, the replacement of the relevant Goods or the refund of the price paid for the relevant Goods.
The Company's sole obligation and the Customer's sole remedy for damaged or defective Goods is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) and all such representations, conditions and warranties are excluded.
13. Exclusion of Liability
The Company does not exclude its liability to the Customer:
For breach of the Company's obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
For personal injury or death arising as a result of the Company's negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or for fraud.
The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods by the Company or on the part of the Company's employees, agents or sub-contractors;
Any breach by the Company of any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer's premises;
Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
The Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to replacing Goods or, at the Company's option, refunding monies already paid in respect of the Goods.
14. Intellectual property rights
The Goods are subject to the intellectual and industrial property rights including patents, know how, trademarks, copyright, design rights utility rights, database rights and/ or other rights of the Company and third parties. No right or licence is granted to the Customer, except the right to use or re-sell the Goods in the Customer's ordinary course of business.
15. Use of Personal Data
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the UK Data Protection Act 1998).
We collect information about you for 2 reasons: to process your order and to provide you with the best possible service, relevant to you.
We will not e-mail you in the future for anything unrelated to this current visit, unless you have given us your consent.
We will give you the chance to unsubscribe from any marketing email from us, should you wish to do so.
The type of information we will collect about you may include: Your name, address, phone number, email address, your order details. These will be kept on file purely so that we can deliver the best possible service, and will not be given to any third party.
We ask for your Credit/debit card details on payment of your order, and these are securely sent to our payment portal to process payment. At no point to we record these details.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct them promptly.
The personal information which we hold will be held securely in accordance with the law and your protection. We may use technology to track how visitors use our site. This can include using a "cookie", as set out below.
In the event that the Company sends promotional material to the Customer in relation to Goods available from the Company, these Conditions shall apply to all Goods purchased from such material.
17. Country of Origin
Unless otherwise confirmed by the Company in writing, nothing is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
We will only deliver outside mainland UK (if we are able to do so at all in relation to particular Goods) by special quote and not against orders placed on the Website but where we do agree to such deliveries, these Conditions will apply.
19. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company's obligations under this Contract if the delay or failure was due to any cause beyond the Company's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
20. Legal construction
These Conditions and any contract or obligation or alleged contract or obligation arising in connection with them shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce in any court of competent jurisdiction.
Any provision of these Conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be a waiver of any rights under these Conditions of Supply.
The parties to these Conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. These Conditions supersede any prior agreements or arrangements.
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