Terms & Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.offthewalldrinks.co.uk (the "Site"). This Site is owned and operated by Off The Wall Drinks Ltd. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Off The Wall Drinks Ltd and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:
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Drinks
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
The following services are available on our Site:
Bar rental
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible.
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However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps:
Send and email to info@offthewalldrinks.com requesting the cancelation of the subscription with the following details, order number or account number and original email address used to order the product.
Payments
We accept the following payment methods on our Site:
We reserve the right to charge for goods at the price ruling on the date of despatch. Product prices and transport costs are subject to change without prior notice. Price and quantity discrepancies must be notified to us within 7 days of invoice date. In case of non-delivery this must be reported to us within 14 days of despatch date shown on invoice.
Credit Card;
PayPal;
Debit; and
Direct Debit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
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Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard delivery by post
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside the United Kingdom your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period:
Will end 14 days from the date of purchase when you purchased a service;
Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at info@offthewalldrinks.com or by post at Off The Wall Drink Ltd, Homestead Farm, Darwell Hill, Netherfield TN33 9QL. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.
The right to cancel does not apply to:
Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;
Custom or personalised goods;
Goods that will deteriorate or expire rapidly;
Alcoholic beverages where the price has been agreed upon at the time of purchase, delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market that we cannot control;
Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance;
Newspapers, magazines, or periodicals, except for subscriptions to such publications; and
Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.
Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.
If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.
If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Good is broken;
Good does not match description;
Good is the wrong size;
Purchaser changed their mind; or
Good does not meet the purchaser's expectations. Refunds do not apply to the following goods
Opened; and
Used.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Off The Wall Drinks Ltd is committed to ensuring that you receive the goods that you order in a good condition and offer a flexible returns policy.
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If you want to return goods for any reason, you should contact us and and we will issue a Returns Authorisation Number (RMA) before sending any item/s back to us. Any product returned without an RMA will be refused. You must also return a copy of your Original Sales Invoice as proof of purchase.
For your protection, please send items back well packaged and using the Royal Mail 1st Class posting or Standard Parcel Service for items weighing over 1kg. Please also ensure you retain your proof of posting for your reference. Pyramid Innovation cannot be held liable for items lost or damaged in transit by any postal service.
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We reserve the right to apply a handling charge of up to 20% for goods ordered in error and do not usually accept the return of non-standard or special items.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Off The Wall Drinks Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Off The Wall Drinks Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
01424 838609
Homestead Farm, Darwell Hill, Netherfield TN33 9QL
You can also contact us through the feedback form available on our Site.
Effective Date: 28th day of February, 2023
Cancellation Form
If you want to cancel your contract of sale with us you may use this form and email or post it back to us at the address below.
To: www.offthewalldrinks.co.uk
Address: Homestead Farm, Darwell Hill, Netherfield TN33 9QL Email: info@offthewalldrinks.com
I hereby give notice that I cancel my contract of sale of the following goods or services:
Ordered on:
Received on:
Customer name:
Customer address:
Signature (only required if you are returning a hardcopy of this form):
Date:
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