- -1. Interpretation
- Definitions. In these Conditions, the following definitions apply: Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. Conditions: the terms and conditions set out in this document as amended from time to time. Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions. Customer: the person or firm who purchases the Goods from the Supplier. Force Majeure Event: has the meaning given in clause 16. Goods: the goods (or any part of them) set out in the Order. Order: The Customer’s order for the Goods as set out in the Customers on line order. Supplier: INKD Limited whose registered office is at 7 Durweston Street, London, W1H 1EN (registered in England and Wales) with company number 11516921 and website: https://www.getitinkd.com
- -2. Construction
- In these Conditions, the following rules apply:
2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.2 A reference to a party includes its personal representatives, successors or permitted assigns.
2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.5 A reference to writing or written includes faxes and e-mails.
- -3. Basis of Contract
- 3.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
3.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
3.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
3.5 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
3.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 Business Days from its date of issue.
- -4. Goods
- The Goods are described on the Website.
- -5. Prices
- 5.1 The prices payable for the Goods are set out on the Website.
5.2 All prices are inclusive of UK VAT and UK alcohol duties unless otherwise stated. Orders for delivery outside the European Union may be liable for import tax and local duties.
5.3 The purchase price does not include the delivery charge.
- -6. Availability
- 6.1 If the Supplier is unable to supply the Goods the Supplier will notify the Customer as soon as possible.
6.2 The Supplier is unable to guarantee the accuracy of the Goods displayed on the Website and the images and description of the Goods displayed on the Website may occasionally differ from the Goods delivered, due to changes in the manufacturer’s packaging and descriptions.
- -7. Delivery
- 7.1 The Goods will be supplied with a delivery note showing the date of the order. This delivery note is proof of delivery.
7.2 Delivery will be charged at the rate detailed on the Order at the time of purchase.
7.3 The Supplier will deliver to mainland UK and selected EU and other world-wide countries. For the avoidance of doubt the Supplier does not deliver to PO Box addresses or to BFPO's. Should the selected address be a PO Box or BFPO we will contact the customer for an alternative address which will likely result in delays to dispatch and delivery.
7.4 The Supplier will deliver the Goods to the address set out in the Order.
7.5 Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery or force majure event or with the Customer’s failure to provide the Supplier with adequate delivery instructions that are relevant to enable the Goods to be delivered.
7.6 Delivery times may be affected if there are stock and availability problems or other unforeseen circumstances.
7.7 The Customer will be advised as soon as reasonably possible following completion of the Order if Goods are not available.
7.8 Goods will be delivered by the Supplier’s couriers. Should the customer communicate to the Suppliers courier that they would like the parcel to be left in 'a safe place' or with a neighbour then they will be deemed to have accepted delivery and unable to claim against damage or loss.
7.9 The suppliers instructed courier will attempt to deliver to the address provided by the customer. If delivery is unsuccessful the courier will leave communication regarding rearranging delivery. If no response is received by the courier they reserve the right to return the parcel to the supplier premises. The cost of any return along with redelivery costs must be received in advance on re-dispatching the parcel. Should the customer request a refund of the goods the return delivery costs to the supplier’s premises will be deducted from the refund amount, if the customer ordered a personalised product clause 9.4 will come into effect.
7.10 International deliveries outside the European Union may be liable for local import tax and duties which is the responsibility of the recipient of the delivery.
7.11 International deliveries may be subject to local authority request for proof of identity before products are cleared by Customs. The delivery company will contact the recipient directly for the proof requested. It is The Customers responsibility to provide the requested identification within a timely manner.
7.12 Issues regarding delivery will be dealt with in accordance to the chosen delivery method terms of service.
- -8. Age Restriction
- 8.1 Customers must be at least, the legal minimum age to purchase or consume alcohol within in their country/territory/state states to purchase Goods from the Website.
8.2 Proof of age must be provided if requested by the Supplier.
8.3 By completing the Order the Customer is confirming they are legally able to purchase alcohol for their country/territory or state.
8.4 The Supplier’s couriers may request proof of identification (with a photograph) to verify the age of the person accepting delivery. If such person is unable to produce acceptable identification the Goods will be unable to be delivered and will be returned to the Supplier.
8.5 If the Supplier believes that alcohol is being purchased for people under the minimum age to consume alcohol, the order will be cancelled. If the order has been personalised before the supplier is made aware that the purchase is intended for someone under the minimum age for alcohol refunds will not be granted and clause 9.6 will be enforced.
- -9. Personalised Products, Messages & Designs
- 9.1 Through the sales process the supplier is offering the customer a personalisation service, the purchase of personalised products is a two stage process that see’s the supplier only personalise the bottle once Title of the Goods has been transferred to the customer.
9.2 Title to the Goods for products requiring personalised images and messages shall pass to the Customer upon completion of the purchase. The customer acknowledges that the supplier has sold the goods intact with branded labels, duty stamps, barcodes, capsules as per the representative images throughout the website. The customer, as legal owner of the bottle, is making the request that the supplier adds the customers requested image and personalised text. As part of this request the customer is providing explicit permission for the supplier, or third party, to remove any labels of the customer’s bottle, if required. All liabilities for printed messages are the customers.
9.3 All printed messages will mirror the words requested by the Customer on the Website. Messages must be thoroughly checked to avoid mistakes. The Supplier shall not be liable for any spelling mistakes or errors in grammar.
9.4 Messages which purport to increase the value of the Goods including but not limited to references to “Vintage”, “limited edition” or “collectable” will not be approved.
9.5 Messages which purport to include trademarks or slogans will not be approved.
9.6 Orders for personalised bottles cannot be cancelled nor will any refunds be granted.
9.7 Photographic images of finished products may be stored and displayed throughout the website and alternative media to provide representations and examples of the personalised feature.
9.8 Title to the Goods requiring personalised messages shall pass to the Customer upon completion of the Order.
9.9 By the way glass is produced there are always imperfections. These imperfections may become noticeable after the printing process. These imperfections of the product do not constitute as a product fault.
9.10 Personalisation are added to the customer’s product choice. The supplier has no responsibility for manufacturing standards of the product. The product manufacturer may have differing production variances that they deem acceptable. By the product manufacturer selling the product to trade customers products are deemed to have passed their quality control and the supplier is not liable for these standards that may include unevenly placed labels, tares, rips or marks to labels, placement of duty stamps, dents to the product cap amongst others.
9.11 The personalisation is part of a manufacturing process in which we work with industry tolerances to alignment and quality.
- -10. Image On A Bottle/Printing/INKD
- 10.1 Through the sales process the supplier is offering the customer a personalised service, the purchase of personalised products is a two stage process that see’s the supplier only prints the bottle once Title of the Goods has been transferred to the customer
10.2 Title to the Goods for products requiring personalisation shall pass to the Customer upon completion of the purchase. The customer acknowledges that the supplier has sold the goods intact with branded labels, duty stamps, barcodes, capsules as per the representative images throughout the website. The customer, as owner of the bottle, is making the request that the supplier adds the customers requested image and personalised text, as part of this request the customer is providing explicit permission for the supplier to remove any branded labels of the customer’s bottle they own, if required. All liabilities for personalisation are the customers.
10.3 All messages will mirror the words requested by the Customer on the Website. Messages must be thoroughly checked to avoid mistakes. The Supplier shall not be liable for any spelling mistakes or errors in grammar.
10.4 The supplier reserves the right to reject any order on the grounds of decency and protection of brands, text which purport to include trademarks or slogans.
10.5 Orders for personalisation cannot be cancelled nor will any refunds be granted, unless clause 11.5 is applicable
10.6 By the way glass is produced there are always imperfections. These imperfections may become noticeable after the personalisation or painting process. These imperfections of the product do not constitute as a product fault.
10.7 The personalisation is part of a manufacturing process in which we work with industry tolerances to alignment and quality.
- -11. Cancellation and Returns
- 11.1 The Customer may cancel the Order at any time up to two working days after the Order was placed with the exclusion of Orders which include personalised graphics and or messages in which case clause 9.6 or 10.6 will apply.
11.2 The Customer may return the Goods to the Supplier at the cost and risk of the Customer. Any return must be made within 5 working days of delivery of the Goods.
11.3 A refund will be made in relation to the purchase price of the Goods, however where the Goods have already been dispatched, the Customer will still be liable for the cost of delivery and the cost of return.
11.4 The Customer must notify the Supplier of any faulty Goods within 2 working days of delivery.
11.5 If the Supplier requires return of the faulty Goods, this will be arranged by the Supplier / at the cost of the Supplier.
11.6 The Customer must advise the Supplier within 2 working days of any discrepancy or error with the Order.
11.7 Refunds will be processed within 28 days of receipt and acceptance of returned/ cancelled products.
- -12. Customer’s Insolvency or Incapacity
- 12.1 If the Customer becomes subject to any of the events listed in clause 11.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Order or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
12.2 For the purposes of clause 12.1, the relevant events are:
12.2.1 the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
12.2.2 the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
12.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
12.2.4 (being an individual) the Customer is the subject of a bankruptcy petition or order;
12.2.5 a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
12.2.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
12.2.7 (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
12.2.8 a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
12.2.9 any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 13.2.1 to clause 13.2.8 (inclusive);
12.2.10 the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
12.2.11 the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Order has been placed in jeopardy; and
12.2.12 (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
12.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- -13. Title and Risk
- 13.1 The risk in the Goods shall pass to the Customer on completion of the delivery with the exception to clause 10.1
13.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full for the Goods with the exception of the Goods referred to at clause 11.5.
13.3 Until payment has been received in full the Customer shall hold the Goods on a fiduciary basis as the Supplier’s bailee.
13.4 This clause covers events such as Company Wind Up. If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 13.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
- -14. Payment
- 14.1 Payments must be made in full and fully authorised by the card provider / account provider before Orders are dispatched.
14.2 Payment can be made by Maestro, Visa, Mastercard, Debit Card, PayPal, Apple Pay, Amazon Pay, Google Wallet and American Express.
14.3 Goods will only be dispatched when payment has cleared.
14.4 All payments and refunds will be made in GBP (£). Any refunded value may differentiate depending on the exchange rate applied at the time of processing the payment.
- -15. Liability
- 15.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
15.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
15.1.4 defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 16.1:
15.2.1 the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
15.2.2 the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Order.
- -16. Force Majeure
- Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
- -17. Waiver
- A waiver of any right or remedy under these terms and conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- -18. Variation
- Except as set out in these terms and conditions, any variation to the Order, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.
- -19. Governing Law and Jurisdiction
- Any dispute or claim arising out of or in connection with the Order or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.