DIAGEO TESCO MARKETPLACE TERMS OF SALE

By placing an order through the Marketplace for Product (Order), you agree to be bound by these Terms of Sale. These Terms of Sale and the Tesco Marketplace Terms & Conditions (together the Marketplace Product Terms) govern your Order. If there is any inconsistency between these Terms of Sale and the Tesco Marketplace Terms & Conditions, the Tesco Marketplace Terms & Conditions will apply.

We are Diageo Great Britain Limited, a company registered in England and Wales under company number 00507652 (Diageo, we, us, our).

PLACING AN ORDER

We only sell Product to persons aged 18+ and only deliver to addresses within mainland Great Britain (GB).

We may, at our discretion and for any reason, decline to accept your Order. Where your Order is accepted by us, you will receive an email confirming your Order and the despatch of Product to your requested delivery address (Despatch Email). This forms the contract between us incorporating The Marketplace Product Terms (Contract).

It is your responsibility to ensure that your Order is correct before submitting it to us. 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. You agree to accept all delivery costs incurred in resending the Product to the correct delivery address.

DELIVERY

We use a third party partner to deliver the Product to your requested delivery address. Once the Product has been successfully delivered, you will receive an email confirming this (Delivery Email). We aim to deliver the Product within the time stated during the checkout process, but this date is an estimate only and we cannot give an exact delivery date.

If you specify the Product should be delivered to a drop-off point or left with a neighbour, you or your neighbour may be asked for proof of ID to show that you or they are aged 18 years or over when you collect/when we deliver the product. If you or your neighbour are unable to produce ID on request, we may cancel the Contract and you will be fully refunded.

If we are unable to deliver the Product (e.g. because you are not at home) you will receive a card with instructions for how to rearrange delivery. After our first attempt we will rearrange delivery up to two further times, but if you are not able to take delivery on our third attempt your Order will be cancelled and you will be refunded. If we cancel the Contract because you or your neighbour are unable to produce ID showing you are aged 18+ or because you are unable to take receipt of the Product when we attempt to deliver it, we may deduct from your refund or charge you for reasonable costs we incur as a result of you breaking the Contract.

Ownership of and risk in the Product will pass to you on successful delivery, which includes us leaving the Product with your neighbour.

PRICE AND PAYMENT

All prices are liable to change at any time. Orders for which Tesco have issued a Confirmation Email will not be affected. If the price has changed or 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. If the rate of applicable taxes and duties (“Taxes”) increase between your Order date and the date we deliver the Product, we will adjust the rate of Taxes that you pay, unless you have already paid for the Product in full before the change takes effect. We will not dispatch the Product until we receive payment in full. It is possible your card issuer or online payment service 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, or if you have any problems with your Order, you can contact the customer services team by emailing hello@thebar.com or calling 03458500200.

You will be entitled to a full refund for up to 30 days from the date your Order is delivered if you change your mind, provided the Product is unopened, has not been consumed and you have not broken the seal on the Product, or the Order is not personalised.

Subject to any 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 are entitled to a full refund or replacement for up to 30 days from the date your Order is delivered. You should inspect the Product when you receive it for defects, damage or misdescription. 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 or send you a replacement Product 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.

You will be able to action a return or refund via Marketplace on your order details page. Nothing in this section affects your statutory legal rights.

PRODUCT INFORMATION

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.

LIMITATION OF LIABILITY

You agree not to purchase Product for any commercial, business or 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.

The Marketplace Product Terms do not exclude our liability (if any) to you for: fraud or fraudulent misrepresentation; any breach of terms implied by law; 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 the Marketplace Product Terms 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 the Marketplace Product Terms arising from any cause beyond our reasonable control.

PERSONAL DATA

The collection, use and disclosure of all personal information in connection with your Order is conducted in accordance with our privacy policy https://footer.diageohorizon.com/dfs/assets/uk.thebar.com/PrivacyPolicy_en.html?locale=en-gb.

OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE

We may transfer the Marketplace Product Terms, and our rights and obligations under the Marketplace Product Terms, to another organisation (this will not affect your rights under the Marketplace Product Terms). You need our consent to transfer your rights and obligations to someone else.

If any provision of the Marketplace Product Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of the Marketplace Product Terms which shall remain unaffected.

Even if we delay in enforcing the terms of the Marketplace Product Terms, 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 the Marketplace Product Terms, 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 the Marketplace Product Terms expressly provide for such rights.