Terms and conditions

Application and entire agreement

1. These terms and conditions will apply to the purchase of goods (goods) by the buyer (you or customer) from Edmunds Cocktails Ltd, a company registered in England and Wales under number 330793210, whose registered office is at 1 Robin Grove, Wymondham, NR18 9FS (we or us or supplier)
2. These terms and conditions will be deemed to have been accepted by you when you accept them or from the date of any delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.
3. These terms and conditions apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practise or course of dealing.

Interpretation

1. A ‘business day’ means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.
2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3. Words imparting the singular number include the plural and vice-versa.

Goods

1. The description of the goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the goods by us. Descriptions of the goods set out in our sales documentation are intended as a guide only. 
2. We can make any changes to the specification of the goods which are required to conform to any applicable safety or other statutory regulatory requirements.

Price

1. The price of the goods is set out in our original quotation and will be applied to every order unless otherwise agreed beforehand.
2. The price is inclusive of fees for packaging and transportation unless otherwise agreed and stated.
3. The price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. 
4. We reserve the right to adjust our prices by notifying you in writing with at least two weeks notice. 

Cancellation and alteration

1. Once an order has been placed you must cancel within 24 hours, or before the order has been collected by our delivery partner.
2. Either of us can cancel the order for any reason prior to the goods being delivered.

Payment

1. We will invoice you for the price on or at any time after the delivery of the goods.
2. You must pay the price within the due date in accordance to any credit terms agreed between us.
3. If you do not pay within the period set out above, we will suspend any future deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 5% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
4. All payments must be in British Pounds unless otherwise agreed in writing between us. 
5. Both parties must pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

1. We will arrange for the delivery of the goods to the address specified by you on the New Account Form or to another location we have agreed in writing.

2. Subject to the specific terms of any special delivery service, delivery can take place any time of the day and must be accepted between 8am and 8pm.

3. If you do not take delivery of the goods we may make arrangements for the re-delivery of the goods or have the goods returned to us.

4. Any dates quoted for delivery are approximate only. We will not be liable for any delay in the delivery of the goods that is caused by a circumstance that is beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.

Inspection and acceptance of goods

1. You must inspect the goods on delivery or collection

2. If you identify any damages or shortages, you must inform us in writing with 1 day of delivery, providing details.

3. Other than by agreement, we will only accept returned goods if we are satisfied that those goods are defective and if required have carried out an inspection. 

4. Subject to your compliance with this clause and/or our agreement, you may return the goods and we will, as appropriate, replace or refund the goods or parts of them.

5. We will under no liability or further obligation in relation to the goods if:

1. If you fail to provide notice as set above; and/or

2. You make any futher use of such goods after giving notice under the clause above relating to damages and shortages; and/or

3. The defect arises because you did not follow our oral or written instructions about storage, use and maintenance of the goods; and/or

4. The defect arises from misuse or alteration of the goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

6. You bear the risk and cost of returning the goods.

7. Acceptance of the goods will be deemed to be upon the inspection of them by you and in any event with 24 hours of the delivery. 

Risk and title

1. The risk in the goods will pass to you on completion of delivery.

2. Title to the goods will not pass to you until we have received payment in full. 

Termination

1. We can terminate the sale of goods under contract where:

1. You commit a material breach of your obligations under these terms and conditions;

2. You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

3. You enter in a voluntary arrangement under part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors;

4. You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your aseets or undertakings or any part thereof, any documents are filed with the court for the appointment of any administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced in relation to your insolvency or possible insolvency.

Limitation of liability

1. Our liability under the contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

2. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods act 1979) are excluded to the fullest extent permitted by law.

3. If we do not deliver the goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of goods.

4. Our total liability will not, in any circumstances, exceed the total amount of the price payable by you.

5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:

1. Any indirect, special or consequential; loss, damage, costs or expenses; and/or;

2. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

3. Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

4. Any loss caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

5. Any loss relating to the choice of the goods and how they will mee your purpose or the use by you of the goods supplied.

Data Protection

1. When providing goods to the buyer, the seller may gain access to and/pr acquire the ability to transfer, store or process personal data of employees of the buyer.

2. The parties agree that where such processing of personal data takes place, the buyer shall ‘data controller’ and the seller shall be ‘data processor’ as defined in the General Data Protection Regulations (GDPR) as may be amended, extended and/pr re-enacted from time to time.

3. For the avoidance of doubt, ‘Personal Data, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall the same meaning as in the GDPR.

4. The seller shall only Process Personal Data to the extent reasonably required to enable it to provide the goods as mentioned in these terms and conditions or as requested by and agreed with the buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal data for its own or for any third party’s purposes.

5. The seller shall not disclose personal data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict ‘need-to-know’  basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

6. The seller shall implement and maintain technical and organisational security measures as are requested to protect Personal Data Processed by the seller on behalf of the buyer. For any enquiries or complaints regarding data privacy, you can email: hello@edmundscocktails.co.uk

Circumstances beyond the control or either party

1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Law and jurisdiction

• This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Marketing and contact

1. By accepting these terms you accept that we may contact you on occasion to update you on any news relevant to Edmunds Cocktails or for any purpose related to our business. This could include, but is not limited to, new product launches, taking orders, collecting payments, delivery news, important news that we think you should be aware of.

2. You may unsubscribe from this at any point by simply emailing hello@edmundscocktails.co.uk, or if by email, using the link show at the bottom of the email.

Promotional Offers

Welcome Offer

• By signing up to our newsletter, you are entitled to a 15% off first purchase offer. The discount code is valid for a single use, applies to first-time purchases only and cannot be combined with other promotions.

Black Friday / Cyber Monday – 4 for 3 boxes

• This offer applies exclusively to boxes of 6 and applies to their full price outside of the 20% off promotion. The code is valid for one-time use only, with a limit of one box per order.