This page contains the Terms and Conditions applicable to the Drinkaware Resources online shop (the “Shop”).
Terms of Supply applicable to our Shop
ORDERS FOR PRODUCTS
Our Shop offers an online ordering facility for educational and marketing materials, including leaflets, fact sheets, plastic goods and in some cases electronic PDF’s ("Products"). Products are made available to registered users either as:
- (a) free-to-access downloadable digital content (“Free Digital Content”);
- (b) samples of physical Products, made available for free (“Free Samples”); and
- (c) 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 or Free Samples (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 Shop.
You may find our FAQs 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
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 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 FREE SAMPLES AND PAID PRODUCTS
All Orders submitted by you for Free Samples and 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 for Free Samples 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 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 & Conditions 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 Conditions shall be binding upon us unless made in writing.
POSTAGE & PACKAGING
The cost of second class postage and packaging for Free Samples within the United Kingdom will normally be met by Drinkaware. The cost of postage and packaging for all other Products shall be paid for by you. If Free Samples are ordered at the same time as Paid Products we may send them in the same packaging and you will be charged the full postage and packaging cost.
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 fulfill 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.
If Products are shown on our Website but are not available or are clearly incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Products.
Although we have made all reasonable efforts to correctly display product colours on the Website, we cannot guarantee that these will be accurately represented.
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 & TITLE
Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
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.
Title in Free Samples will pass to you on the date of delivery of such Products to your nominated address. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
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 not an essential term of the Contract. Drinkaware shall have no liability in respect of delays in delivery which are beyond our reasonable control.
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.
Prices do not include postage and packaging costs (which may vary from time to time) but these will be calculated automatically and displayed clearly before you are given the option of pressing “Authorise payment” to submit your Order. 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. 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 Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN.
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 Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN.
To: Drinkaware, Email: email@example.com Post: Drinkaware, c/o Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN.
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 Sprint Ltd, Unit 3, The Mercury Centre, Central Way, Feltham, Middlesex, TW14 0RN. 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. Please retain evidence of sending the Products back to us.
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.
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.
When returning Products please replace the item securely in its original packing and return it to us with your despatch note.
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 any applicable delivery charges (regardless of the method of delivery), and any reasonable costs you incur in returning the Product to us.
If you are a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms of Purchase.