Terms & Conditions
– LAST UPDATED 16/03/2023
Please read these Terms and Conditions carefully.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
theluckydrinker.com ltd is registered in England & Wales company number: 12912196 VAT Reg No: GB374404304
PRICE
1.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
1.2 Our quotations lapse after 2 days (unless otherwise stated). This means that your order will be held for two days waiting for your confirmation and payment to be made after which time the stock would be put back into general use.
1.3 The price quoted excludes delivery (unless otherwise stated).
1.4 Rates of tax and duties on the goods will be those applying at the time of delivery.
1.5 The delivery cost does not include any custom clearance, duties or local taxes, these are payable by the consignee
1.6 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
1.7 We may charge you at our current rates for any additional or experimental work which you ask us to do.
1.8 Prices are correct at time of going to press but theluckydrinker.com ltd reserve the right to increase prices from time to time (due to increased material, labour or transport costs or fluctuations in exchange rates) without prior written agreement.
1.9 Please note that the website pricing is updated regularly therefore may differ to that in our current printed catalogue. The website prices will supersede any catalogue pricing.
DELIVERY
2.1 All times quoted for delivery or processing are estimates only.
2.2 If we fail to deliver or process the goods within a reasonable time, you may (by informing us in writing) cancel the order, however:
2.3 You may not cancel if we receive your notice after the goods have been dispatched or after we have begun processing the goods; and
2.4 If you cancel the order, you can have no further claim against us under that order.
2.5 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
2.6 We may deliver or process the goods in instalments. This happens when the item is available on back order purchase.
2.7 Delivery rates varies according to your location:
- England & Wales: any order over £75 excl. VAT is eligible for FREE delivery. On orders below £75, a charge of £5.99 excl. VAT will be applied.
- Scottish Highlands, Isle of Man, Isle of Wight, any order over £120 excl. VAT is eligible for FREE delivery up to 15kg. On orders below £120, a charge of £19.99 excl. VAT will be applied.
2.8 On orders received before 4.30 pm, the same working day will be dispatched, except for preorder items.
2.9 Delivery does not include unpacking or positioning or assembling items.
2.10 On orders received before 4.30 pm, the same working day will be dispatched and should be with you in:
• 2-3 working days for England & Wales.
• 3-5 working days for Isle of Man, Isle of Wight, and Scottish Highland.
2.11 Deliveries are made between 8am and 6pm.
2.12 We are using our own delivery fleet alongside the DPD express courier service with the aim of delivering orders as quickly and safely as possible.
2.13 Deliveries will be made to the ground floor entrance to the building. It does not include negotiating lifts or stairs. Deliveries taken indoors are at the discretion of the courier.
2.14 Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. We cannot accept responsibility for access issues at the delivery address.
2.15 Any carriage charges caused by an aborted delivery are the customer’s responsibility.
DELIVERY AND SAFETY
3.1 We may decline to deliver if:
3.1.1 We believe that It would be unsafe, unlawful or unreasonably difficult to do so; or
3.1.2 The premises (or the access to them) are unsuitable for our vehicle.
RISK, SHORTAGES, DAMAGE & BREAKAGES
4.1 The goods are at your risk from the time of delivery.
4.2 Delivery takes place either:
4.2.1 At our premises (if you are collecting them or arranging carriage); or
4.2.2 At your premises (if we are arranging carriage).
4.3 Where we process your goods, they will remain your property at all times, but we will hold them at our risk from the time we collect them or receive them at our premises to the time you receive them.
4.4 You must inspect the goods on delivery. If any goods are deemed to be damaged, short, (or any other discrepancy), you must notify us within 48 hours from the time you have received your order. You must give us (and any carrier) a fair chance to inspect the damaged goods, or alternatively provide photographic evidence of damaged goods. Claims made after this period are not valid.
4.5 No withholding of payment in respect of any invoice query is permitted. All invoices must be paid in full and where appropriate retrospective credits will be issued on completion of an investigation of the discrepancy.
4.6 Where breakages are identified no withholding of payment is permitted and a replacement product will be delivered with your next order.
4.7 All replacements will be chargeable to which a credit may be raised against the original invoice.
PAYMENT TERMS
5.1 You are to pay us in cash, bank transfer or otherwise in cleared funds on delivery, unless you have an approved credit account.
5.2 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
5.3 If you fail to pay us in full on the due date:
5.3.1 We may suspend or cancel future deliveries;
5.3.2 We may cancel any discount offered to you;
5.3.3 We may claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
5.3.4 We may recover (under clause 5.7) the cost of taking legal action to make you pay.
5.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
5.5 You do not have the right to set off any money you may claim from us against anything you may owe us.
5.6 While you owe money to us, we have a lien on any of your property in our possession.
5.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal fees on a full indemnity basis) following any breach by you of any of your obligations under these terms.
5.8 A “Late Fee’ will be applied if the payment is received late and will be billed on your invoice at 3.5% of the total order’s value.
5.9 If you have an approved credit account and are late for 3 payments, your account will be automatically suspended.
TITLE
6.1 Until you pay all debts you may owe us:
6.1.1 All goods supplied by us remain our property;
6.1.2 You must store them so that they are clearly identifiable as our property;
6.1.3 You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
6.1.4 You may use those goods and sell them in the ordinary course of your business, but not if:
6.1.4.1 We revoke that right (by informing you in writing); or
6.1.4.2 You become insolvent.
6.2 You must inform us (in writing) immediately if you become insolvent.
6.3 If your right to use and sell the goods ends you must allow us to remove the goods.
6.4 No liquidator, receiver, administrator or administrative receiver of you shall have authority to sell goods to which we have title without prior written consent from us.
6.5 We have your permission to enter any premises where the goods may be stored:
6.5.1 At any time, to inspect them; and
6.5.2 After your right to use and sell them has ended, to remove them, using reasonable force if necessary.
6.6 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
6.7 You are not our agent. You have no authority to make any contract on our behalf or in our name.
WARRANTIES
7.1 We warrant that the goods and any process we may carry out will:
7.1.1 Comply with the description on our acknowledgement of order form; and
7.1.2 Be free from material defect at the time of delivery (as long as you comply with clause7.3).
7.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose or the quality of the process or the fitness for any purpose of any finish, materials or processed goods.
7.3 If you believe that we have delivered goods or carried out a process defective in materials or workmanship, you must:
7.3.1 Inform us (in writing), with full details, as soon as possible; and
7.3.2 Allow us to investigate (we may need access to your premises and product samples).
7.4 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price
7.5 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
RETURN & REFUND
8.1 If you wish to cancel a purchase, you must return the product to us. We ask you to make sure the product is returned in its original condition including the packaging undamaged. Since the product’s packaging, is important for possible resale of the product, any damage to or failure to return the packaging will be deemed to be a deterioration in its value.
8.2 You must notify us to return the product(s) within 14 days from the date you have received the products. We reserve the right to reject claims if we are not notified within 14 days from the moment you received the items.
8.3 You have 14 days to return the item(s) to us from the day you have informed us. That means that we must receive the item(s) no later than 14 days from the date you have informed us.
8.4 When you cancel a purchase, we will refund your payment to your account as soon as possible and no later than 14 days after we have received your notification that you wish to withdraw. However, we can withhold the refund until we have received the returned product.
8.5 Refunds are transferred to the same card the purchase was made.
8.6 Delivery fee is not refundable. However, for items supplied by us in error, we will arrange free delivery. We reserve the right to charge a collection fee if the goods are not available on the agreed collection date.
8.7 We also reserve the right to charge for goods that:
8.7.1 Are not returned
8.7.2 Are returned in a used condition.
8.8. You will be liable for the cost of returning the goods to us. If you wish us to collect the goods, the cost of collection will be notified to you and will be deducted from the value of the goods prior to any credit, refund or exchange being issued.
8.9 If you arrange a return delivery to us you must still contact us. Please note that you are liable for any damages incurred which will be deducted from the value of the goods prior to a refund, credit or exchange being issued.
9 We recommend that you use a signed for service and obtain appropriate carriage insurance.
9.1 Please note that proof of purchase will be required.
9.2 Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
9.3 We reserve the right to reject claims if we are not notified within 14 days from the moment you received the items.
9.4 All personalised items are not refundable.
9.5 All returns for orders with a value equal to or above £1000 inclusive vat are subject to a 15% restocking fee.
WAIVER AND VARIATIONS
10.1 Any waiver or variation of these terms is binding in honour only unless: Made (or recorded) in writing;
10.1.2 Signed on behalf of each party; and
10.1.3 Expressly stating an intention to vary these terms.
10.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
FORCE MAJEURE
11.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
11.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
GENERAL
12.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
12.2 We may treat you as insolvent if:
12.2.1 You are unable to pay your debts as they fall due; or
12.2.2 You (or any item of your property) become the subject of:
12.2.3 Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy).
12.3 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
12.4 The only statements upon which you may rely in making the contract with us, are those made in writing by theuckydrinker.com ltd .
someone who is our authorised representative and either:
12.4.1 Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
12.4.2 Which expressly state that you may rely on them when entering into the contract.
12.5 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
12.6 You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the UK Data Protection Legislation including but not limited to the General Data Protection Regulation ((EU) 2016/679) (the ‘Data Protection Legislation’) to us for the duration and purposes of the contract and you will remain responsible for your obligations under the Data Protection Legislation. You will remain the data controller under the Data Protection Legislation. Where we process any data under the Data Protection Legislation, we will comply with the relevant requirements to the extent applicable.
PRIVACY
13.1 Purchases
If you wish to purchase any product or service made available through theluckydrinker.com website you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, contact details, bank details.
13.2 Subscriptions
Some parts of the Service are billed on a subscription basis. You will be billed instantly when this is recurring.
13.3 Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the incorrect use of our content.
13.4 Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by theuckydrinker.com ltd .
theluckydrinker.com ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that theluckydrinker.com ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
HOW WE HANDLE YOUR DATA
This section covers the sources and categories of personal data that we collect and process, why we do so, and the lawful bases for such processing.
14.1 Sources of personal data
We may obtain your personal data from the following sources:
- from you directly (for example, at the time of subscribing to any services offered on a website, mobile applications, events, interactive kiosks or social media including but not limited to email mailing lists, interactive services, posting material or requesting further goods or services);
- from your device or browser; and/or
- if you contact us, we may keep a record of that communication.
14.2 Personal data that we may collect and process
- name
- username
- address
- date of birth
- email address
- operating system
- browser type
- cookie data (for more information please see our Cookie Policy – linked below)
- preferences regarding online marketing and tracking
- IP address
- Location
- Information you submit to us when you contact us posting material or requesting our service
- Responses you provide as part of our surveys, competitions, games and other interactive services; and/or
- Product orders, event invitations sent, and tickets bought
- Behavioural information from online, web, apps, email and social media, if we have your permission to do so.
14.3 Sources of personal data
We may obtain your personal data from the following sources:
- from you directly (for example, at the time of subscribing to any services offered on a website, mobile applications, events, interactive kiosks or social media including but not limited to email mailing lists, interactive services, posting material or requesting further goods or services);
- from your device or browser; and/or
- if you contact us, we may keep a record of that communication.
14.4 Why do we collect your personal data and what are our lawful bases for it?
- Provide our digital services to you
- Establish and manage our relationship
- Our legitimate interest: Managing security, risk and crime prevention
- Let you know about our products, services and events that may be of interest to you by letter, telephone, email or other forms of electronic communication
- Learn about how our products or services may be used
- Ad retargeting: Sending you targeted and personal adverts on web sites and social media based on your preferences, purchase history and tracked behaviour.
- If you object to us using your personal data for the above purposes, including direct marketing, please contact us.
Where we use cookies or similar technologies, we will seek your prior consent where required to do so by law.
We do not sell your personal data to any third party.
Our website may, from time to time, contain links to and from the websites of our partner networks, creative partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy notices or policies. Please check their privacy notices or policies before you submit any personal data to these websites.
Please do not submit any information via this website or application if you are not happy with the way your personal data is processed as described in this Privacy Policy.
14.5 You may exercise the following rights.
Right to Know and Access. You may submit a verifiable request for information regarding the: categories of Personal Information collected or disclosed by us; purposes for which categories of Personal Information are collected by us; ategories of sources from which we collect Personal Information; and specific pieces of Personal Information we have collected. Prior to disclosing the information, we are required to verify that the individual making the request is indeed the individual to whom the information relates. Once we receive a verifiable request, we must disclose to you the information requested for the twelve months preceding your request.
Right to Delete. Subject to certain exceptions, you have the option to delete Personal data about you that we have collected from you.
Verification. Requests for access to or deletion of Personal data are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations.
Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights.
Submit Requests. For other requests or to authorize an agent to make a request on your behalf, you can also reach contact us.
SHARING OF YOUR INFORMATION
We do not sell your personal data to any third party.
We use secure methods to transmit personal data.
16.1 OUR RIGHTS
When prescribed by local regulations, you are entitled to obtain information from us on how we handle your personal data, to see copies of all personal data held by us and to request that your personal data is amended, corrected or deleted from our systems.
You can also ask us to transfer a copy of your personal data that you provided to us, limit, restrict or object to the processing of your data.
We do not carry out any decision-making based solely on automated processing, including profiling.
If you gave us your consent to use your data, e.g. so that we can use your electronic contact details to send you marketing communications, you can withdraw your consent at any time. Please note that even if you withdraw your consent, we can still rely on the consent you gave as the lawful basis for processing your personal data before you withdrew your consent.
You can object to our use of your personal data where we stated we rely on our legitimate business interests to do so. We explained the legitimate interests we rely on in sections ‘Why do we collect your personal data and what are our lawful bases for it?’ above.
If you would like to exercise any of your above rights, contact us.
16.2 Changes
Questions, comments, complaints and requests regarding this Privacy Policy, or our privacy practices in general, are welcomed.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us.
