Terms & Conditions. V1.0
What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By placing an order with Charles & Mike Distilling Ltd, you state your consent to be bound by these terms and conditions.
Information about us and how to contact us
Who we are. We are Charles & Mike Distilling Ltd, a company registered in England and Wales. Our company registration number is 12511457 and our registered office is Unit 9, Marks Hall, Marks Hall Lane, Margaret Roding, Dunmow Essex, CM6 1QT. Our registered VAT number is 345111339.
How to contact us
You can contact us by using the contact details on the ‘Contact’ page.
How we may contact you. If we have to contact you we will do so by telephone, if you gave us your phone number, or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
Age and personal use. By placing an order with us, you confirm you are over 18 years old. You also confirm you are purchasing our products for domestic use only.
How we will accept your order. Our acceptance of your order will take place when we email you our confirmation of your order, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing by email and refund your purchase price. We will send you email notification when such refund has been credited to your account. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the United Kingdom.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products
During the order process we will let you know when we will provide the products to you, subject to our carrier’s terms and conditions. The details will be made available on the order confirmation page prior to submitting the order.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will not be liable for delays caused by the event. Your statutory rights remain unaffected.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated carrier company will provide instructions for redelivery to you.
If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from our nominated carrier within a reasonable period of notice, the costs associated with such failed delivery have to be borne by you. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7 will apply.
When you become responsible for the products
Products will be your responsibility from the time we deliver them to the address you gave us for delivery.
When you own goods
You own a product which is goods once we have received payment in full.
Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes; or
update the product to reflect changes in relevant laws and regulatory requirements.
Your rights to end the contract
Instruction On Right of Cancellation
You have the right to cancel your order within 14 days without giving any reason (excluding Personalisation orders). The cancellation period is 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if the order relates to goods or multiple lots.
In order to exercise your right of cancellation, you must inform us by way of unambiguous communication (e.g. with a letter sent by post or email) of your decision to cancel your order. You may submit your request of cancellation by emailing email@example.com
You may email us the request to cancel, or any other unambiguous declaration of cancellation, also electronically on our website using the contact form. Should you make use of this option, we will communicate to your acknowledgement of receipt of such cancellation without undue delay, e.g. by email.
In order to meet the deadline of cancellation, it is sufficient for you to send your communication on the exercise of the right of cancellation before the cancellation period has expired.
Effects of Cancellation
If you cancel your order, we will reimburse all payments received from you for the goods purchased including delivery charges (with the exception of additional charges resulting from the fact that you chose a way of delivery distinct and more expensive than the least expensive way of delivery offered by us). Reimbursements will be made without undue delay but no later than 14 days from the day on which we received your communication of cancellation of the order. For such reimbursements we will use the same method of payment used by you for the original transaction, unless you and we have expressly agreed otherwise. In any event, no fees will be imposed on you in association with such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You have to send back the goods to us at is Unit 9, Marks Hall, Marks Hall Lane, Margaret Roding, Dunmow Essex, CM6 1QT, without undue delay and in any event no later than 14 days from the day you communicated to us the cancellation of your order. The goods must be unopened and unused. To meet this deadline, it is sufficient for you to send the goods before the 14-days period has expired.
You have to bear the regular cost of returning the goods. In case that the goods, due to their nature or quality, may not be sent back regularly by post, then you bear the immediate cost related to sending back the goods. Goods which are not suitable for parcel shipment and which may not be sent by post will be picked up from you.
You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the handling of the goods, except when it was necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to The Right of Cancellation
The right of cancellation does not exist or lapses in the case of contracts related to:
bottles of alcohol which are sealed, once these have been unsealed after you receive them; and
the supply of products which were custom-made to personal needs or were made to comply with customer specifications.
bottles that have been personalised
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract. If we end the contract, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us by using the details on the ‘Contact Us’ page on our website.
Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT and alcohol duty at the current rate) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
We will pass on changes in the rate of VAT and alcohol duty. If the rate of VAT and/or alcohol duty changes between your order date and the date we supply the product, we will adjust the rate of VAT and/or alcohol duty that you pay, unless you have already paid for the product in full before the change in the rate of VAT and/or alcohol duty takes effect.
What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. You must pay for the products before we dispatch them. We accept payment with Visa Debit, Visa Credit, MasterCard Debit and MasterCard Credit and other major card providers.
We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an order is wrong. If you think a price or order value is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Other important terms
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.