Terms of Sale (for consumer customers only)
(Last revised 12 February 2015)
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER. PLEASE NOTE THAT CLAUSE 15 LIMITS OUR LIABILITY.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 17. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 www.imbiberylondon.com is a site operated by Ziro Ltd (we, us or our). We are a limited company registered in England and Wales under company number 08759192 and have our registered office and main trading address at Third Floor, 15 Poland Street, London W1F 8QE.
2. Contacting us and communications between us
2.1 You can cancel a Contract for Other Products (but not Beverages) in accordance with your legal right to do so as set out in clause 8. To do this, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at Imbibery@ImbiberyLondon.com, giving your name and order details, and stating your wish to cancel.
2.2 If you wish to contact us for any other reason, including if you have any complaints, you can contact us by telephoning us at 020 7622 0270 or by e-mailing us at Imbibery@ImbiberyLondon.com. Complaints may also be submitted through the EU’s Online Dispute Resolution platform.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.4 When we refer, in these Terms, to “in writing”, this will include e-mail.
4. Our Products
4.1 On our site, the Products we sell include fresh beverages such as juices, mylks and shots (Beverages) and non-beverage items, such as gift vouchers and cooler bags (Other Products).
4.2 Our Beverages are currently sold by us as:
(a) Mix Packs: these represent our minimum order quantity of (i) six 250ml juices and/or mylks, (ii) four 500ml juices and/or mylks, or (iii) eight shots, but you can order more if you like;
(b) Cleanse Packs: these are pre-selected packs of five 500ml juices, one 500ml mylk and two shots or you can “build your own” ; and
(c) “Membership” packs: these are specified larger quantities of our 250ml and 500ml juices and/or mylks, which attract a bulk discount. Please refer to clause 5 for additional terms.
4.3 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.4 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance, except for the millilitre content of our Beverages. As we manually fill our Beverage containers, there may be a greater variance, but the content will be higher, rather than lower, then the advertised millilitre content. The packaging of the Products may vary from that shown on images on our site.
5. "Membership” packs
5.1 “Membership” packs are a specified number of our 250ml or 500ml juices and/or mylks. You order a pack in advance and on one or more occasions during the three-month period following your order, you select juices and/or mylks from those we sell (in the container size ordered, until you have ordered the total number in your pack) for delivery on one or more dates. Each time you request a delivery, you have pay any relevant delivery charges and for any other Products not included in the pack.
5.2 The requested delivery dates may be at any time in the three-month period following your order provided that each requested delivery is for at least four 500ml or six 250ml juices and/or mylks.
5.3 Selections and delivery requests must be made during the three-month period following your order. Any juices and/or mylks in your pack for which delivery is not requested during that period will be lost.
6. Who we sell to
6.1 Purchases of Products through our site may be made by consumer customers only. We are happy to receive orders for Products from business customers, but these should be made by telephoning us at 020 7622 0270 or by e-mailing us at Imbibery@ImbiberyLondon.com. Separate terms of sale will apply to business sales.
6.2 You may only purchase Products from our site if you are at least 16 years old. Purchase of goods by a child aged 16 or 17 is subject to the consent of their parent or guardian.
6.3 To purchase Products through our site, you will need to register as a user of the site unless you have previously done so.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us confirming your order (Order Confirmation). This constitutes acceptance of your order and the Contract will only be formed when we send you the Order Confirmation.
8. Your consumer right of return and refund
8.1 As a consumer, you have a legal right to cancel a Contract for Other Products (but not Beverages) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Other Product, you can notify us of your decision to cancel the Contract and receive a refund.
8.2 However, this cancellation right does not apply in the case of a Contract for our Beverages, which are goods liable to deteriorate or expire rapidly and an exception to the legal right. Please see clause 8.9 for information on your rights if any of our Products (including our Beverages) are faulty or not as described.
8.3 Your legal right to cancel a Contract for Other Products starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Other Product.||The end date is the end of 14 days after the day on which you receive the Other Product. Example: if we provide you with an Order Confirmation on 1 January and you receive the Other Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your Contract is for of the following multiple Other Products which are delivered on separate days.||The end date is 14 days after the day on which you receive the last of the separate Other Products ordered. Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Other Products on 10 January and the last separate Other Product on 15 January, you may cancel in respect of any or all of the separate Other Products at any time between 1 January and the end of the day on 29 January.|
8.4 To cancel a Contract for Other Products, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at Imbibery@ImbiberyLondon.com, giving your name and order details, and stating your wish to cancel.
You can also cancel by sending this form to us. Instructions on how to send it to us may be found on the form.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Other Product. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid in respect of the Other Product only; and
(c) make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Other Product back from you or, if earlier, the day on which you provide us with evidence that you have sent it back to us. For information about how to return a Product to us, see clause 8.7.
8.6 If you have returned an Other Product to us under this clause 8 because it is faulty or mis-described, we will refund the price of it in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 If an Other Product has been sent and/or delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can return it to or post it back to us at Third Floor, 15 Poland Street, London W1F 8QE; and
(b) unless the Other Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning it to us.
8.8 We will refund you on the credit card or debit card used by you to pay or by PayPal to the account you paid us from. If you used vouchers to pay for the Other Product we may refund you in vouchers.
8.9 Because you are a consumer, we are under a legal duty to supply all of our Products that are in conformity with this Contract. As 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 in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. Delivery of Beverages
9.1 We currently only deliver Beverages to addresses within the London postcodes set out on our Delivery page (Delivery Area). We intend to expand our Delivery Area in the future.
9.2 You may place an order for Beverages from outside our Delivery Area, including from outside the UK, but this order must be for delivery to an address within our Delivery Area.
9.3 When you order Beverages, (or select Beverages for delivery as part of a “Membership” pack), you specify a delivery date, which must be at least 2-3 days. The delivery methods are, currently, by courier to:
(a) A specified delivery address within the Delivery Area during a timeslot you also specify (out of those available), in which case you are responsible for making arrangements to ensure that delivery may be completed; or
(b) The Box Boutique, 104 Draycott Avenue, London SW3 3AE for collection by you, in which case you are responsible for their collection.
9.4 Delivery to a specified delivery address will be made during your specified timeslot on the specified delivery date. If we are unable to deliver within that timeslot and that is our fault,
(a) we will refund the price you have paid for the Beverages and any delivery charges you have paid (unless you agree that we may deliver the Beverages at a later date.); or
(b) in the case of Beverages selected as part of a “Membership” pack, we will arrange re-delivery at a later date.
This will not apply where the delay results from an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
9.5 If we are unable to deliver and that is not our fault, for example where there is no one at the specified delivery address during your specified timeslot, the Beverages will be returned to us and you will be notified by e-mail or telephone, in which case, you can request another timeslot (from those available) for re-delivery (no later than the “Use By” Date of the Beverages). The Beverages will be the same products as those we attempted to deliver previously (with the same “Use By” Date). If re-delivery cannot be completed and again that is not our fault, no refund will be given. If a third attempt at delivery is requested and provided the Beverages have not passed their “Use By” Date, we can arrange this subject to your advance payment of a re-delivery charge. Where we are unable to deliver or re-deliver Beverages by their “Use By” Date, we will dispose of them the following day and no refund will be given.
9.6 Where Beverages are delivered to The Box Boutique, these will be available for collection at 104 Draycott Avenue, London SW3 3AE during the shop’s opening hours as set out on their website at http://theboxboutique.com/contact_us. They will be stored there until their “Use By” date. If you do not collect them on or before their “Use By” Date, The Box Boutique will dispose of them the following day. No refund will be given if you fail to collect the Beverages.
10. Delivery of Other Products
10.1 We deliver Other Products to any address within the United Kingdom. You may place an order for Other Products from outside the United Kingdom, but the delivery address must be within it.
10.2 When you order Other Products without ordering Beverages at the same time, delivery will be by Royal Mail first class postage to your specified delivery address and the Other Products will be dispatched within 5 working days.
10.3 When you order Other Products at the same time as Beverages:
(a) if it is possible to deliver the Other Products with the Beverages, delivery will be made with the Beverages by the method that you choose out of those stated in clause 9.3 and subject to clauses 9.4, 9.5 and 9.6. If delivery and re-delivery cannot be completed in accordance with clauses 9.5 and 9.6 or where you do not collect the Other Products from the Box Boutique before the “Use By” Date of the Beverages, the Other Products shall be returned to us for delivery to you by the method stated in clause 10.2, subject to payment of the relevant additional delivery charge;
(b) if it is not possible to deliver the Other Products with the Beverages (for example, where the Other Products are out of stock), delivery will be made by the method stated in clause 10.2, subject to payment of the relevant delivery charge.
11. Delivery – all Products
11.1 Delivery of an order shall be completed when we deliver the Products to the address you gave us, or when you collect them from The Box Boutique, and they will be your responsibility from that time.
11.2 You own the Products once delivered, provided we have received payment in full, including all applicable delivery charges.
11.3 If we do not:
(a) deliver Beverages and (if delivered with the Beverages) Other Products on the specified delivery date; or
(b) deliver Other Products (if delivered separately from any Beverages) before your specified deadline or, if there is none, within a 30-day period after your order, then you may cancel your order straight away if any of the following apply:
(i) we have refused to deliver the Products;
(ii) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(iii) you told us before we accepted your order that delivery within the delivery deadline was essential.
11.4 If you do not wish to cancel your order straight away under clause 11.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
11.5 If you do choose to cancel your order for late delivery under clause 11.3 or clause 11.4, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
12.3 The price of a Product does not include any applicable delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
12.4 Payment of delivery charges shall be made at the same time as payment for the Products, when you complete your order or when selecting Beverages for delivery as part of a “Membership” pack (unless payment of an additional delivery charge is required under clause 9.5 or clause 10.3).
13. How to pay
13.1 You can only pay for Products and delivery charges:
(a) using a debit card or credit card. We accept the following cards: Visa, MasterCard, American Express, Electron, and Maestro; or
(b) by PayPal.
13.2 Payment for the Products and any delivery charges is in advance.
14. Our warranty for the Beverages
14.1 We provide a warranty that on delivery our Beverages will be free from material defects and consumable for a period of three days. This period is calculated from the delivery date specified by you under clause 9.3, but depending on your specified timeslot:
(a) if your specified timeslot is the daytime (9am – 5pm), it will be three days starting on and including the delivery date; or
(b) if your specified timeslot is the evening (7pm – 10pm), it will be three days starting the day after the delivery date.
In each case, the third day is the “Use By” date. You should not consume a Beverage after its “Use By” date. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the Products in accordance with any instructions; or
(d) any alteration by you or by a third party.
14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our liability to you
15.1 We are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with or breach of these Terms or the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 An Event Outside Our Control is any act or event outside our reasonable control. This includes (without limitation) failure by any of our suppliers or delivery providers, strikes by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of telecommunications networks, or impossibility of the use of any means of public or private transport.
16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. However,
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Our right to vary these Terms
17.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
17.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. A consumer may also submit a complaint through the EU’s Online Dispute Resolution platform but this shall not prevent the parties commencing or continuing court proceedings in relation to any matter.