Terms of Supply
Orders for products
Our Shop offers an online ordering facility for educational and marketing materials, including leaflets, fact sheets, posters, videos, scratchcards, plastic goods and downloadable assets ("Products"). Products are made available to registered users either as:
(a) free-to-access downloadable digital content (“Free Digital Content”);
(b) Products for which payment is required (“Paid Products”) which are made available for the price indicated on the Website (the “Price”).
You agree that the supply and sale of all Products is subject to these Terms and Conditions, provided that, if we amend these Terms and Conditions after you submit an order for Paid Products (an “Order”), the Terms of Supply in force on the date you submit your Order will apply to your Order, unless any change is required to be made by law or governmental authority, or we notify you of any changes before we send you an email confirming acceptance of your Order (the “Order Confirmation”).
You must be over 18 to use our ShopYou may find our FAQs https://resources.drinkaware.co.uk/help useful but these do not form part of these Terms and Conditions. If you have any questions about the Shop or these Terms of Supply, please contact our customer services team, via firstname.lastname@example.org.
Shop resources are provided by Drinkaware Trading Limited (company number 11735195), a wholly owned subsidiary of the Drinkaware Trust.
Free digital content
Free Digital Content is licensed to you on the basis that you may use and reproduce it (eg by printing hard copies or reproducing it on your own website) solely for educational and non-commercial purposes in its current format. You may not alter, edit, modify, broadcast, sublicense, transfer, sell or otherwise exploit Free Digital Content without our prior written agreement.
Accepting orders for paid products
All Orders submitted by you for Paid Products are subject to acceptance by us. We may choose not to accept your Order for any reason without liability to you. If we accept your Order we will send you an Order Confirmation and only at that point (whether or not funds have been deducted from your account) will a contract in respect of the relevant Products exist between us (the “Contract”).
If we do not accept your Order and funds have already been deducted, these will be fully refunded.
All Orders and for Paid Products must be submitted electronically to our Website and paid for online as explained below.
As an exception to this, government bodies, including NHS entities and local councils, may be offered the opportunity to place Orders for Paid Products [by phone or correspondence] and pay on an invoice basis using BACS or cheque, in which these Terms of Supply shall apply to those Orders – in these circumstances, we cannot control or guarantee the existence, quality, safety or legality of Products advertised or offered to you by these third party suppliers. Responsibility for any Product issues rest with those suppliers.
In all cases Paid Products will not be dispatched until the Price has been received in cleared funds by Drinkaware.
To place an Order to purchase a Paid Product from Drinkaware, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the Order. When you place an Order, we will send you an “Acknowledgement of Receipt” containing the details of your Order. Please note that this does not mean we have accepted your Order. Your Order represents an offer to us to purchase a Product which is accepted by us when we send an Order Confirmation (which is when we despatch your Order to you). That acceptance will be complete at the time we send the Order Confirmation to you.
Any Products on the same Order which we have not confirmed in an Order Confirmation to have been despatched do not form part of that Contract. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
These Terms of Supply apply to all sales of the Products by us to you and shall apply in place of and prevail over any terms or conditions contained or referred to in your Order or in correspondence or elsewhere or implied by trade, custom or practice. No variation of these Terms of Supply shall be binding upon us unless made in writing.
Images of the Products on the Website are for illustrative purposes only and a Product might vary in colour and finish (for example, your computer or mobile device's display of the colours of a Product may not accurately reflect the true colour or nature of the Product).
Postage and Packaging
The cost of postage and packaging for all Products shall be paid for by you.
Refusal of an order
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to fulfil Orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an Order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.
We may not be able to accept the Order as a result of one of the following:
- The Product is out of stock
- We are unable to obtain authorisation for your payment
- There is an error on pricing or Product description.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this website, removing or editing any Materials on this Website or for refusing to process or accept an Order after we have received it.
Delivery risk and title
Orders will be sent to the delivery address that you have given on your order form. We only deliver to mainland United Kingdom (excluding the Channel Islands). We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. All delivery charges will be set out on the Product page at checkout.
Title in the physical Paid Products will pass to you on the later of:
(a) the date on which we receive payment in full for such Products; or
(b) the date of delivery of such Products to your nominated address.
We shall be entitled to (a) deliver the Products in instalments and each instalment shall be deemed to constitute a separate Contract and (b) supply only part of an Order.
We will provide you with, and endeavour to meet, the estimated delivery date stated in your Order Confirmation.
If we have not delivered the Products covered by that Order Confirmation within 30 days of sending you the Order Confirmation, you may cancel the Contract and we will refund money received in respect of the Contract from you.
Should Drinkaware a) not receive delivery instructions or b) be unable through no fault of Drinkaware to effect delivery within 14 days after notification to you that items are ready for despatch, you will take delivery or arrange for storage. Should you fail to take delivery or arrange for storage, we shall be entitled to arrange storage on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.
Delivery dates are approximate only and are not guaranteed. They are not an essential term of the Contract. Drinkaware shall have no liability in respect of delays in delivery which are beyond our reasonable control including bad weather. If for any reason we are unable to supply a particular Product, we will notify you as soon as possible.
Terms of payment
The prices of Paid Products shall be as set out on our Website as varied from time to time. All prices are shown inclusive of VAT unless otherwise stated.
For more information on delivery charges please refer to our FAQ on Delivery Charges. Please note that we accept payment in British pounds sterling only.
We accept payment by credit or debit card, and by PayPal. You confirm that the credit/debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for PayPal, your card issuer or bank charging you as a result of our processing of your payment in accordance with your Order.
Cancellation and right to return and refund
You may cancel an Order at any time prior to us sending you the Order Confirmation by way of a clear statement. There is no requirement on the method you use to cancel but the burden of proof falls on you to demonstrate that you have cancelled your Order. You may (but are not obliged to) do this by completing the Cancellation Form set out below and sending it to us by email [email@example.com] or by post to [Drinkaware, c/o Unit 21-22 The I O Centre, Armstrong Rd, Armstrong Road SE18 6RS].
Once we have sent you an Order Confirmation and our Contract is formed, in addition to your other legal rights, you have the right to cancel the Contract in respect of one or more Products and receive a refund in accordance with the terms set out below.
Your right to cancel a Contract in respect of one or more Products covered by that Contract starts from the date of the Order Confirmation relating to that Contract and ends 14 days after the date on which you receive all of the Products covered by the Contract.
If you wish to cancel a Contract, you should notify us of your wish to do so by way of a clear statement prior to the expiry of the 14 day cancellation period. You may (but are not obliged to) do this by completing the Cancellation Form set out below and sending it to us by email [firstname.lastname@example.org] or by post [Drinkaware, c/o Unit 21-22 The I O Centre, Armstrong Rd, Armstrong Road SE18 6RS].
Post: [Drinkaware, c/o Unit 21-22 The I O Centre, Armstrong Rd, Armstrong Road SE18 6RS].
I/we hereby give notice that I/we cancel my/our [order/contract of sale] of the following goods:
[insert name of Products]
Ordered on [insert date of Order]
Order No: [insert relevant Order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
If you cancel the Contract within the time period set out above, you must return the Products to [Drinkaware, c/o Unit 21-22 The I O Centre, Armstrong Rd, Armstrong Road SE18 6RS.] or such other address specified by us as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling the Contract. We will not be responsible for returned parcels lost in transit. For your protection, we recommend that you use a recorded delivery service when returning a Product or otherwise obtain a Post Office proof of posting or additional insurance to cover the value of the unwanted Product.
If you cancel the Contract in respect of one or more Products we will refund you all payments received from you in respect of the rejected Products including the costs of outbound delivery.
We shall be entitled to make a deduction from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you beyond what is necessary to establish their nature, characteristics and function..
You are responsible for the costs of returning the Products unless we have agreed to collect them or the Products cannot normally be sent by post. Any refunds payable by us to you shall be paid by the same method you used to pay within 14 days of the earlier of
(a) the date we receive the relevant Products from you; or
(b) the date you provide evidence that you have returned the Products.
If you decide to cancel a Contract or Order prior to the Products being despatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the Contract/Order.
In order to receive a refund, all returned Products must be in mint, re-saleable condition, undamaged, unused and in the original packaging and with the original labelling. Please return the Products to us with your despatch note.
The delivery charge incurred by you when returning a Product will not be refunded unless the Product is faulty.
If you do not return the Product within thirty (30) days of your notice of cancellation, you will be deemed to have accepted it.
Please be aware that if you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with our delivery charge and your reasonable return standard postage charges. To return a faulty Product, please provide details of the fault when you contact us.
If you are a consumer, you have legal rights in relation to Products that are faulty or not as described. These rights are in addition to your rights to a repair or replacement product and are not affected by anything else in these Terms of Supply.
Your legal rights and making a complaint
For further information about your legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
You may make a complaint to The Retail Ombudsman whose details can be found at https://www.theretailombudsman.org.uk/how-to-complain-about/retail-complaints-in-store-online-help-advice/
Validity of these Terms of Supply
If any part or provision of these Terms of Supply is found to be unlawful or unenforceable, that provision shall be deemed to be removed and it shall not affect the validity of any other part or provision of these Terms.
These Terms and any documents expressly referred to herein contain the entire agreement between us and supersede any agreements or arrangements of any nature, written or oral, between us.
We each agree that neither of us relies on, and shall have no remedies in respect of, any representation, condition or warranty (whether made innocently or negligently) that is not set out in these Terms of Supply and the documents referred to. Nothing in this section shall limit or exclude any liability for fraud, fraudulent misrepresentation or fraudulent misstatement.
If at any time we delay or fail to insist upon performance of any of your obligations or we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies, nor relieve you from compliance with such obligations.
A waiver by you, us of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to us in writing.
Jurisdiction and Governing Law
These Terms of Supply are governed by English law.
The English courts shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Supply, the Website and each contract.