Terms of Sale
Terms of Sale
TERMS OF SALE
Please ensure you have read and understand these terms and conditions (Terms of Sale) before you place an order (Order) via https://www.thebar.com/en-gb (Website) for alcohol products (Product). By placing an Order through the Website, you agree to be bound by these Terms of Sale. Acceptance of these Terms of Sale is necessary for the purchase of Product from the Website. These Terms of Sale do not affect other rights you may have under law. We may change these Terms of Sale from time to time. The Terms of Sale that are live on the Website at the point the Order is placed will apply to your Order.
The Product is produced by Diageo Great Britain Limited, a company registered in England and Wales under company number 00507652 with its registered address at Lakeside Drive, Park Royal, NW10 7HQ. Product sales through the Website are made by Justerini & Brooks, a company registered in England and Wales under company number 00068576 with registered address 61 St James's Street, London SW1A 1LZ, which owns and operates the Website Limited (J&B, ‘we’, ‘us’, ‘our’).
PLACING AN ORDER
By placing your Order and making payment through the Website you will enter into a contract with J&B under these Terms of Sale. We only sell Product to persons aged 18 or over, and only deliver to addresses within mainland United Kingdom (UK). By placing an Order, you agree that you are at least 18 years of age and have an address within mainland UK. Once you are ready to make a purchase via the Website, you will check out your shopping basket. The Website will ask for your payment details which will be processed on a secure server by our third-party payment processor. When your payment has been processed, your Order information will be passed to us, including your delivery address. We will not hold any of your payment details. You will then receive an email from email@example.com to acknowledge that your Order has been received (Confirmatory Email). This email does not mean we have accepted your Order. We may, at our discretion and for any reason, decline to accept your Order, in which case we will inform you by email and, if we have already taken payment from you, the appropriate amount will be refunded to your original payment within 3-5 working days. Where your Order is accepted, you will receive a further email confirming your Order and the dispatch of Product to your requested delivery address (Dispatch Email). This email forms the contract between us incorporating these Terms of Sale (Contract). You should check both the Confirmatory Email and Dispatch Email for accuracy and let us know immediately if there are any errors. It is your responsibility to ensure that your Order is correct before submitting it to us and we will not be responsible for any issues with your Order (including delivery to the wrong address) because you have inputted incorrect or incomplete details. If you have any problems with your Order, you should contact our customer services team via email at firstname.lastname@example.org.
We use a third party delivery partner to deliver the Product to your requested delivery address. The driver may ask you for proof of ID to show that you are aged 18 years or over, which is a legal requirement for the sale of alcohol in the UK. We reserve the right not to deliver the Product in the event you are unable to produce ID showing you are 18+ on request, in which case we will cancel the Contract and you will be fully refunded. If we cancel the Contract because, on our request, you are unable to produce ID showing you are aged 18+, we may deduct from your refund or charge you for reasonable costs we incur as a result of you breaking the Contract. For details on how you will receive your refund please see the section on cancellations and refunds below. At the point of ordering we will give you the option to specify a safe place for us to leave your Product in the event you are not home – for example in an outbuilding or with a designated neighbour. Unless we are leaving your Product in a safe place, you/your neighbour will be required to sign for the Product. If there is no one at home and no safe place specified, you will receive a card with instructions for how to rearrange delivery. If you specify the Product should be left with a neighbour, the driver may ask them for ID to show they are 18+. If they are unable to produce ID, decline to take delivery or are not at home, your Product will not be delivered and a card will be left with you with redelivery instructions. After our first attempt at delivery we will rearrange delivery up to 2 further times, but if you are not able to take receipt of the Product on our third attempt your Order will be cancelled and you will be refunded. Ownership of and risk in the Product will pass to you on successful delivery, which includes us leaving the Product in a designated safe place. We aim to deliver the Product within the time set out in the Dispatch Email but this date is an estimate only and we cannot give an exact delivery date. If we have not delivered the Product within 10 days of the Confirmatory Email then you may cancel the Contract by contacting email@example.com and we will refund any money paid by you (including delivery charges). For details on how to cancel the Contract and how you will receive your refund please see the section below. We take no responsibility for Product (or associated delivery costs) dispatched or delivered to an address if you have provided incorrect or incomplete address details in your Order. You agree to accept all delivery costs incurred in resending the Product to the correct delivery address.
PRICE AND PAYMENT
The price of the Product will be the price indicated on the order pages on the Website where you placed your Order. All prices are shown in £GBP. All prices are liable to change at any time, but such changes will not affect Orders for which we have issued a Confirmatory Email. If we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. Product prices indicated on the Website and at checkout include all local taxes (inc. VAT) and duty that may be payable in respect of the Product, but excludes the delivery costs (https://www.thebar.com/en-gb/help-questions) which will be automatically added to the total amount due when you view your items in your shopping basket. If the rate of applicable taxes and duties increase between your Order date and the date we delivery the Product, we will adjust the rate of taxes and duties that you pay, unless you have already paid for the Product in full before the change takes effect. Payment for all Products must be in £GBP by Maestro, Mastercard and Visa. We will not dispatch the Product until we receive payment in full. It is possible your card issuer may charge you an online handling fee or processing fee, for which we are not responsible. For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to or does not for any reason authorise or validate the payment, we will cancel your Order.
HELP, CANCELLATIONS, RETURNS AND REFUNDS
For help with your Order, you can contact the customer services team at J&B by emailing firstname.lastname@example.org or calling us on 020 7484 6430, 9-5pm Monday to Friday, excluding UK bank holidays. We will aim to respond to emails within one working day. You have a 14-day period starting on the date your Order is delivered to change your mind about the Product and cancel the Contract, provided the Product is unopened, has not been consumed and you have not broken the seal on the Product. To exercise this right to cancel, please email us and we will arrange for a postage label to be sent to you electronically, which you can use to post the Product back to us at your own cost, for a full refund within 14 days of receipt by us, provided the Product has not been damaged and the seal is not broken. Subject to any specific warranties implied by law, we do not offer any warranty or guarantee on our Product. If the Product is damaged or faulty when delivered to you or misdescribed, you can return the Product and receive a replacement Product or a refund. You should inspect the Product when you receive it for defects, damage or misdescription. If you find a defect, damage or misdescription please let us know as soon as possible by contacting email@example.com. Please note you will be required to provide photographic evidence of the damaged, faulty or misdescribed Product, without which we will be unable to process any claim. On acceptance of your claim we will provide you with a free returns slip and ask you to return the Product to us within 14 days. We will then process your refund to your original payment method within 14 days of receiving the Product. Failure to return the Product or to provide requested photographic evidence will forfeit your right to a refund or replacement. Nothing in this section affects your statutory legal rights.
All free items are subject to availability and are subject to change without notification. All pictures shown are for illustration purpose only and Products and their packaging may vary slightly from their pictures. At check-out stage you will have the option to include a gift message. Gift messages will be printed exactly as written, so please check carefully to ensure you are happy with your message before submitting as we will not be responsible for any spelling or other errors, and it will not be possible to change your message once submitted. We reserve the right to cancel any Order which includes a gift message containing any profanity including but not limited to obscene, offensive, hateful, inflammatory or sexually explicit language or any message implying excessive or irresponsible consumption of alcohol, or consumption of alcohol by minors.
LIMITATION OF LIABILITY
You agree not to purchase Product for any commercial, business or re-sale resale purposes, and if you do so we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. These Terms of Sale do not exclude our liability (if any) to you for:
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or Part 1 of the Consumer Protection Act 1987; or
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Subject to this, we shall only be liable to you for foreseeable losses which you suffer as a result of a breach of these Terms of Sale by us. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not liable for any losses not caused by any breach on our part. We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), epidemic/pandemic (and related lockdowns, business closures and restrictions on movement, whether government-mandated or voluntarily determined by us), government actions and measures, and industrial action.
These Terms of Sale and any dispute or claim arising out of or in connection with them are governed by English law. You agree that the courts of England and Wales will have non-exclusive jurisdiction of any disputes or claims that arise in relation to these Terms of Sale.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
We may transfer these Terms of Sale, and our rights and obligations under these Terms of Sale, to another organisation. We will always ensure that the transfer will not affect your rights under these Terms of Sale. You need our consent to transfer your rights and obligations to someone else. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected. Even if we delay in enforcing the terms of these Terms of Sale, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay taking steps against you in respect of your breaking these Terms of Sale, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. A person who is not a party to a Contract is not entitled to enforce any of its terms and does not have any rights under the Contract, except where these Terms of Sale expressly provide for such rights.