Heroes Drinks Company C.I.C
Terms & Conditions
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Product(s) (Product(s)) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our site. Upon placing an order you will be agreeing to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time. These Terms came into effect when updated on 13 June 2014 and replace the previous Terms and Conditions.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website HeroesDrinks.com. We are Heroes Drinks Company C.I.C, a company registered in England and Wales under company number
8184286 and with our registered office at 20-22 Wenlock Road, London, N1 7GU. Our main trading address is Rosyth Business Centre, Dunfermline, Fife, KY11 2WX. Our VAT number is GB143 192724. Our AWRS number is XTAW 0000010 3197.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance w
ith your legal right to do so as set out in clause 9, you just
need to let us know that you have decided to cancel. This should be done by e-mail at email@example.com. Please include details of your order to help us to identify it. Cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can email our customer service team at firstname.lastname@example.org or via the ‘Contact’ page on our site.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at +44(0)131 531 2336, by e-mailing us at email@example.com
or via our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.
2. OUR PRODUCT(S)
2.1 The images of the Product(s) on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Product(s). Your Product(s) may vary slightly from those images.
2.2 The packaging of the Product(s) may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.2 By providing your details to us on our site, you consent to us maintaining, recording, holding and
using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in
accordance with the Data Protection Act 1998.
4.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery
4.4 We will use information about you to make marketing offers via email, telephone and mail based
on your Product(s) preferences from time to time.
4.5 If you opt-out from receiving our marketing communications or from approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Product(s) from our site if
you are at least 18 years old.
5.2 If you are buying any Product(s) as a gift the recipient must also be over 18 years old.
5.3 If our carriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. If the person receiving the Product(s) is unable to produce appropriate ID, unfortunately our carrier will be unable to leave the Product(s) with you.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Product(s).
6.2 These Terms together with our current Privacy, Cookie, Returns and Cancellation Policy and website prices constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement,
representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2 After you place an order and make payment in full, you wil
l receive an e-mail from us
acknowledging that we have received your order and payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail Dispatch Confirmation. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product(s) is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in our Delivery Terms clause 3.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to
see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Product(s) from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; an/ or
(b) circumstances affecting us
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Product(s), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) sealed Product(s) once these Product(s) are unsealed after you receive them;
(b) any Product(s) which become mixed inseparably with other items after their delivery;
(c) contract for the supply of alcoholic Product(s) where price is agreed when the sales contract is concluded, delivery can only take place after 30 days, and the value is de pendent on fluctuations in the market which cannot be controlled by us.
(d) health and safety reasons, Products are non-alcoholic, soft drinks or less than 9% alcohol content
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of the cancellation period Product(s) which are not delivered in instalments on separate days. The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. Your Contract is for: Product(s) which are delivered in instalments on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product(s) or the last of the separate Product(s) ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product(s) or the first of your separate Product(s) on 10 January and the last instalment or last separate Product(s) on 15 January you may cancel in respect of all instalments and any or all of the separate Product(s) at any time between 1 January and the end of the day on 29 January. The regular delivery of a Product(s) over a set period. The end date is 14 days after the day on which you receive the first delivery of the Product(s).
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of
Product(s) to be delivered at regular intervals over a year and you receive the first delivery of your Product(s) on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Product(s) to arrive during the year.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Product(s). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid if the goods have not been dispatched, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product(s) within [3-5] days at one cost but you choose to have the Product(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlin
es indicated below:
(i) if you have received the Product(s) and we have not offered to collect it from you: 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us. For information about how to return the Product(s) to us, see clause 9.8;
(ii) if you have not received the Product(s) or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Product(s) to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card, debit card, or account used by you to pay. If you used vouchers to pay for the Product(s) we may refund you in vouchers.
9.8 If a Product(s) has been delivered to you
before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back to us at Heroes Drinks, c/o Len Lothian, 11 Granton Square, Edinburgh EH5 1HX or hand it to our authorised carrier. If we have offered to collect the Product(s) from you as advised to you by us via email or telephone, we will collect the Product(s) from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
(b) unless the Product(s) is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Product(s) to us. If
the Product(s) is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product(s) to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product(s) from you, we will charge you the direct cost to us of collection. We will advise you by email or telephone of the charges for collection.
(c) we will not refund the cost of the initial delivery charge you may have paid for your order.
9.9 Because you are a consumer, we are under a legal duty to supply Product(s) that are in conformity with this Contract. As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.10 We are unable to accept or refund any products that have been engraved or personalised. We will only accept liability if engraved or personalised messages are incorrectly applied or products are damaged.
10. DATA PROTECTION AND PRIVACY
10.1 By providing your details to us on our web site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
10.2 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery company.
10.3 We will use information about you to make marketing offers via email, telephone and mail based on your Product(s) preferences from time to time.
10.4 If you opt-out from hearing from us or approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
11.1 We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
11.2 It is your responsibility to protect your user name and password information from beingdisclosed to any third party.
12. COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to "in writing", this will include e-mail.
12.2 If you are a consumer you may contact us as described in
12.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working daydelivery service, at [9.00 am] on the 2nd Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. OTHER IMPORTANT TERMS
13.1 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. We will always notify you by posting
on this webpage if this
13.2 This Contract is between you and us. No other person shall have any rights to enforce any of its
terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4 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 default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Product(s) through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
13.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned or licensed by Heroes Drinks Company. Without limitation, the trademarks and all related logos, labels and bottle designs associated with the brand are owned by the Company.
4. Material from the Websites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.
5. Any rights not expressly granted in these Terms and Conditions are reserved.