TERMS AND CONDITIONS
This Website (www.thecocktail.co.uk) (this "Website"), is operated by COCKTAIL. Throughout this Website, the terms “we”, “us” and “our” refer to COCKTAIL. If you are unhappy with or unclear about any aspect of these Terms and Conditions, or in the unlikely event that you have any complaints about any products purchased by you from this Website please contact us via email at email@example.com or by post using the address given below before placing an order with us.
Cocktail, 111 Askew Road, London W12 9AS
This Website is hosted Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
USE OF THIS WEBSITE
Please read these Terms carefully and make sure that you understand them before ordering any product from this Website. You should save or print a copy of these Terms for future reference.
If you do not agree to these Terms, you must cease using and accessing this Website.
Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on this Website. Every time you wish to order products, please check these Terms to ensure you understand the Terms which will apply at that time.
Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law.
Any content you upload to this Website will be considered non-confidential and non-proprietary. COCKTAIL have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website constitutes a violation of their intellectual property rights or of their right to privacy.
We may deny you access to this Website at any time in our sole discretion when we believe that your use of this Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and you hereby agree to be responsible to COCKTAIL for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of this Website.
PLACING AN ORDER
By placing an order with us you agree to and accept these Terms and you are making an offer to COCKTAIL to purchase the goods detailed in your order upon the terms described in your order.
By placing an order for the delivery of goods via this Website:
For all delivery destinations, you are making an offer to COCKTAIL to deliver the goods detailed in your order upon the terms described in your order.
Once you have placed an order for goods (and delivery) you will receive confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods (or for them to be delivered) has been accepted. A contract between you and COCKTAIL for the sale and delivery of our goods will only exist once an order has been accepted, processed and dispatched to you. Purchase for goods you make on this website may only be made using a debit or credit card through our payment facility (or any other payment method we may make available from time to time). You accept that some banks may charge you an additional fee for certain transactions (for example international transactions). Your credit/debit card will be authorised when your order is placed and processed. This does not affect your legal rights.
We reserve the right to refuse any order you place with us. We may, at our 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 shall 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.
Prices and availability of goods are subject to change without notice. We reserve the right at any time to modify or discontinue this Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of this Website.
Please note that a delivery charge will be added to your order value, currently £3.50 for Royal Mail First Class. We attempt to deliver your item within 2-3 working days.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. COCKTAIL cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
For a delivery outside of the UK please contact us directly for a delivery price. If you order goods from this Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any customs or import duties and/or taxes levied once the package reaches your destination country. Please note that we have no control over these charges and cannot predict their amount.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct at the time of publication on this Website. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products. It is your responsibility to ensure that quantities and item options are correctly selected when adding items to your basket.
We endeavour to display all items currently available on this website. Some products may have limited quantities. Occasionally, an item will be out of stock. Items which have been chosen for inclusion in the basket may become unavailable or out of stock. We provide no guarantee that an item chosen will be in stock at the time of purchase.
YOUR RIGHT TO CANCEL
You have a legal right to change your mind and cancel your order within 14 days of receipt and to receive a refund for the cancelled goods and the standard delivery charge. You will need to return the item(s) to us by post (within 14 days). Goods returned by post are returned at your own cost. We will not refund the delivery charge if you only cancelled part of your order.
OUR RETURNS POLICY
If you are not entirely happy with the goods that you have chosen you may return them to us within 14 days of receipt in accordance with our returns policy. Our returns policy applies in addition to your legal right to cancel, as detailed above, and does not affect your legal rights in respect of faulty or misdescribed products.
If you return any products in accordance with our returns policy, we will be happy to offer you an exchange or refund provided that the products are returned complete, in perfect condition, unused, unwashed and with the original packaging and label. Items can be returned outside this period if they are found to be faulty but please take extra care to read any specific care instructions provided with your purchase. Return of an item is at your own cost unless the item is faulty.
RETURNING YOUR ITEMS
Please print and enclose your completed returns form and post your item(s) back to us at:
Cocktail Returns, 111 Askew Road, London W12 9AS
All prices quoted on this Website are accurate at the time of publication, are quoted in pounds sterling and where appropriate are inclusive of UK sales tax (VAT) at the current rate. If your order is being sent to a member state of the EU then the selling price will include VAT.
DISCLAIMER & LIMITATIONS OF LIABILITY
COCKTAIL does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its officers, suppliers, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, COCKTAIL shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of COCKTAIL or any of its officers, suppliers, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website, the supply of the products or their use or resale by you. The limitations of liability in these Terms shall apply for the benefit of COCKTAIL.
While COCKTAIL uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and COCKTAIL will not be responsible for any errors or omissions or for the results arising from the use of such information. While COCKTAIL takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Furthermore, COCKTAIL will not be responsible nor liable for your use of any other websites which you may access via links within this Website. COCKTAIL does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with COCKTAIL.
The entire liability of COCKTAIL under or in connection with any contract for any products to which these Terms apply shall not exceed the price of the products, except as expressly provided in these Terms.
COCKTAIL will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
COCKTAIL may assign or transfer any of its rights or sub contract any of its obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with the specific permission in writing of COCKTAIL.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.
INTELLECTUAL PROPERTY RIGHTS
All content on this Website is protected by copyright and other protective laws. The contents of this Website are to be used only in accordance with Internet regulations. Without the explicit written permission of COCKTAIL it is prohibited to integrate in whole, or in part, any of the protected contents published on this Website into other programs or other websites or to use them by any other means.
If you are aware that any of your intellectual property rights have been infringed on this Website, please contact us to report the concern.
LAW AND TERRITORY
To the extent it is possible to exclude the application of other laws and regulations, these Terms and your use of this Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This Website and our Terms have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse this Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. 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. In the event of such a breach, your right to use this Website will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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.
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 this Website, or when you cease using this Website. 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 this Website (or any part thereof).
These Terms and any policies or operating rules posted by us on this Website, together with the terms of any order, constitute the entire agreement and understanding between you and us and govern your use of this Website, 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.