In The Spirit: Terms and Conditions
USER TERMS AND CONDITIONS OF USE
By browsing and using this Internet Site ("Site") you are agreeing to be bound by the User Terms and Conditions of Use set forth below (the "Terms and Conditions"). First Drinks Brands Limited trading as www.in-the-spirit.co.uk may revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access this Site.
First Drinks Brands Limited and its delegated agent maintain this Site for the personal use, in countries and other territories where the consumption of alcoholic beverages is lawful, of persons who are lawfully permitted to consume alcoholic beverages (18 years of age for UK residents).
Please exit this Site immediately if you do not accept the Terms and Conditions, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are in a country or other territory where use of this Site is not permitted.
Use of Materials
You may print or have printed by a third party any downloadable material contained on this Site provided that the following five conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; (iii) the material is not altered in any manner; (iv) you are located in a country or other territory where the consumption of alcoholic beverages is permitted; and (v) you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located.
Copyrights, Trademarks and Other Proprietary Rights
The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of First Drinks Brands Limited and its affiliates ("First Drinks Brands’ Proprietary Material") unless otherwise noted. First Drinks Brands’ Proprietary Material is protected under the laws of the UK. You may not remove any copyright or other proprietary notices from First Drinks Brands’ Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use First Drinks Brands’ Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of First Drinks Brands Limited.
The copyright ownership of the trademarks for those brands sponsoring www.in-the-spirit.co.uk are as follows:
De Kuyper liqueurs are owned by: De Kuyper Royal Distillers, Schiedam
Except with respect to the limited licence to download and print certain material from this Site for non-commercial and personal use only, nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of First Drinks Brands’ Proprietary Material. All rights, title and interest in and to all aspects of First Drinks Brands’ Proprietary Material remain the exclusive property of First Drinks Brands Limited
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT ACCESS TO THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR
FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS
SITE WILL BE COMPLETE, ACCURATE OR TIMELY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER FIRST DRINKS BRANDS LIMITED NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT FIRST DRINKS BRANDS LIMITED OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless First Drinks Brands Limited and its affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms and Conditions.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the UK. You irrevocably consent to the jurisdiction of the courts located in the UK for any action to arising from or relating to the Terms and Conditions or your browsing or use of this Site.
Communications with this Site
Any communication or other content that you transmit to this Site,
whether by e-mail, posting, uploading, or otherwise, will be treated
as non-confidential and non-proprietary. By transmitting content to this
Site, you automatically grant to First Drinks Brands Limited a royalty-free,
perpetual, irrevocable and non-exclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform and display that content
alone and as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights. You
agree that First Drinks Brands Limited and its affiliates are free to
use any ideas, concepts, know-how, or techniques contained in any content
that you transmit to this Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products,
and that First Drinks Brands Limited need not provide any compensation
or acknowledgment to you in exchange for any such use.
First Drinks Brands Limited and its affiliates do not pre-screen or monitor content transmitted to this Site by third parties and are not responsible for screening or monitoring any such content. If notified, First Drinks Brands Limited and its affiliates may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, First Drinks Brands Limited and its affiliates are under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. First Drinks Brands Limited and its affiliates assume no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site.
Your privacy is important to First Drinks Brands Limited and its affiliates. This statement describes the information gathering and dissemination practices for our Web site (the "Site"), including the types of information we collect and how we may use that information. In summary, we do not obtain any personally identifying information ("personal information") about you other than that which you choose to provide, and we do not sell, rent, or otherwise disclose any personal information you provide to anyone outside of First Drinks Brands Limited, our advertising and promotional agencies and consultants.
In general, you can visit our Site without telling us your name or revealing any personal information such as your address, telephone number or e-mail address. However, before you may enter our Site, you will be required to verify that you are of legal age to consume alcoholic beverages in the country in which you are located. We use this information to prevent minors and people in countries where alcoholic beverages are prohibited from accessing our Site.
In certain parts of the Site, we may ask you to provide your name or other personal information so that we can provide you with information that you request, respond to feedback that you submit to the site, or allow you to participate in one of our contests. Further, we may ask you for demographic data, such as your preferred language or country of residence, in order to tailor your experience on the Site, display content customized to your preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information, but without it we may not be able to fulfil some types of requests. If you do not want your personal information collected, simply do not submit it through the Site.
We make significant efforts to ensure that the personal information you provide to us remains private. We will not sell, rent, or otherwise disclose the personal information you provide to us through the Site to third parties unless we are required to do so by law or have a good faith belief that such action is necessary to conform with existing laws or to cooperate with law enforcement agencies or in legal proceedings.
We may share anonymous aggregated data with other companies that we do business with for market research purposes. For example, we may report to our advertising agency that a certain percentage of our Site’s users are UK residents between the ages of 25-34.
Data Collected Automatically
When you visit our Site, your Internet browser will automatically send us your Internet Protocol ("IP") address and information such as the type of browser you use, the date and time you accessed our Site, and the IP address of the Web site from which you linked to our Site. We may use this information to give you access to the Site, to tailor your experience on our Site, to display content customised to your preferences, and to otherwise administer the Site.
No Collection of Personal Data from Children
Our Site is not directed towards children and may not be accessed by persons who do not verify that they are of legal drinking age. First Drinks Brands Limited will not knowingly collect any information from minors, whether with or without their parent's or guardian's consent, or (ii) provide any personal information collected from children to any third party.
First Drinks Brands Limited does not send unsolicited e-mail ("SPAM"). We may, however, send you information that you request or respond to your e-mails to us. If you would prefer not to receive direct communications from us, you can opt out of this at the time of information collection. Or, if you decide to have your name removed from our mailing list at a later date, you may do so by sending an e-mail to firstname.lastname@example.org including the word "UNSUBSCRIBE" in the subject line.
Review and Correction of Your Information
If for any reason you are concerned that the personal information about
you that is maintained by First Drinks Brands Limited is incorrect, please
contact us by e-mail at
Our Site may offer links to other sites. We encourage our users to be aware when they leave our Site and to read the privacy and other policies of the sites they visit. Please be aware that we are not responsible for other companies’ policies or practices.
First Drinks Brands Limited has taken steps to make all information received from our on-line visitors as secure as possible against unauthorised access and use. All information is protected by our security measures, which are periodically reviewed and updated. Please be aware, however, that it may be possible for others to read messages that you send over the Internet, so do not send any information by e-mail that you would like to keep confidential.
Amendment of Policy
If you have any questions about our privacy statement, the practices
of this Site or your experience on the Site, please contact us at by
Links to Other Sites
This Site contains links to third party Websites. These links are provided solely for your convenience. First Drinks Brands Limited and its affiliates do not endorse the content of any such third party website, have not reviewed all material linked to any such site, and are not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk.
First Drinks Brands Limited makes no claims that the content of this Site is appropriate or may be downloaded outside of the UK. If you access this Site from outside of the UK, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that First Drinks Brands Limited and its affiliates intend to make such products or services available in all countries. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of any such provision or any other provision.
Promoting Responsible Drinking
As a responsible member of the UK alcoholic beverage industry, First Drinks Brands recognises that alcohol misuse, however it happens, can cause social, medical or personal problems, especially if it occurs on a regular basis. For this reason we are committed to ensuring our brands are marketed and advertised responsibly. Our marketing activities observe advertising and promotional codes of practice recommended by The Portman Group.
Please drink in-the-spirit cocktail recipes in moderation.
In The Spirit - Shop: Terms and Conditions
In these terms and conditions (the "Terms") the words and expressions below shall have the following meaning:
"Buyer", "you", "your" - the person, firm or company who purchases the Goods from the Company;
"Company", "us", "we", "our" - First Drinks Brand Limited (Company number 02288241) whose registered office is at First Drinks Brands Ltd, Form One, 17 Bartley Wood Business Park, Bartley Way, Hook, RG27 9XA, which owns the Website;
"Consumer" - any natural person who is acting for purposes which are outside his business;
"Delivery Point" - the place where delivery of the Goods is to take place under Clause 7;
"Goods" - any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them);
"Lincensee" - any party who has entered into an agreement with the Company so as to create a relationship whereby the party contracting with the Company takes on the role of assignee, subcontractor or licensee;
"Website" - www.in-the-spirit.co.uk; and www.in-the-spirit-shop.co.uk;
"Working Day" - a day (other than a Saturday or a Sunday) on which clearing banks are open for business in the City of London.
1 Sale of Goods:
1.1 The Goods you order from this Website will be supplied by the Company trading as in-the-spirit.co.uk. 1.2 These terms and any documents expressly referred to in them (including the Website terms and conditions) apply to our sale of the Goods to you and represent the entire agreement between us in relation to the subject matter, to the exclusion of any previous agreement or understanding (whether oral or in writing). 1.3 We will only accept orders from you if you are over 18 years of age and are paying for your Goods using a valid credit card. By placing an order for Goods with us, you confirm and warrant to the Company that you are an individual aged 18 or over.
2.1 The Goods we deliver shall comply in all material respects with the description provided on the Website. 2.2 We warrant that we have title to the Goods we are supplying you with and that we will transfer such title to you as our customer, once payment for the Goods is received by us in full. 2.3 Where Goods do not comply in all material respects with the Website description, we may, at our discretion, either replace them or refund the relevant part of the price you have paid.
3.1 Once you submit an order via the Website this will constitute an offer, which shall only be deemed to be accepted by means of our confirmation. Each order which is accepted by us shall constitute a Contract. 3.2 Please take care to ensure that any order you submit is accurate. If you wish to change your order, please let us know as soon as possible. We will try to facilitate any change that you wish to make to your order before the Goods are despatched to your Delivery Point however you will remain liable to purchase and receive the original order in the event that we cannot facilitate your requested changes. If you wish to change your order after we have despatched the Goods, you will need to return the Goods and pay the delivery charges already incurred. Should you need to return Goods, please see details of our returns policy below.
4.1 The Website quotes the total price of the Goods in £Sterling and (where applicable) include VAT at the appropriate rate. 4.2 Delivery charges are additional to the price of the Goods and are as stated on the Website. You can see the cost of such charges via your shopping cart prior to submitting your order. 4.3 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company?s price list published on the date of delivery or deemed delivery.
5 Terms of Payment, Title and Risk:
6. Out of stock Goods:
6.1 In the event that the Goods you order are unavailable we shall notify you of the unavailability of the Goods by e-mail. Should you wish then to cancel the remainder of the order (if any) you need to notify us within 24 hours of being notified by us, otherwise the remainder of the order will be processed as per your original instructions, and the appropriate Delivery Charge applied (even if this Delivery Charge was different to the original Delivery charge quoted on your larger original order).
7. Delivery and Charges:
7.1 We deliver Goods to all addresses in England, Scotland, Wales, and Northern Ireland except for addresses in the Shetland & Orkneys, Western Isles or Scottish Highlands, the Isle of Man or the Channel Islands. 7.2 Please specify a day-time Delivery Point on your order form where you, or someone you nominate, can be available to receive the delivery, as it is our policy to deliver by courier, who will require a signature for receipt of the delivery. The Delivery Point can be different from the address of the credit card holder who makes payment for the Goods if you wish. 7.3 Any date or time given by us for delivery shall be an estimate only. We will do our best to ensure this estimate is accurate and that we honour this, but we will not be liable for any loss of damage of any kind in circumstances where the Carrier has been unable to meet this deadline.
8 Limitation of our Liability:
8.1 Our total aggregate liability to you under any Contract will be limited to the price of the Goods specified. 8.2 Nothing contained in these terms and conditions shall be construed so as to exclude or limit our liability for breach of the warranty in Clause 2 or our liability for death or personal injury as a result of our negligent actions or for any fraudulent misrepresentation by us. 8.3 Subject to Clause 8.2 and in relation to our contractual obligations to supply Goods following acceptance of orders placed on our Website, neither we nor any of our Licensees, agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Website. Without prejudice to the generality of the ofrWe shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the Website (including without limitation, any such loss arising out of or in connection with any order placed on the Website, whether or not accepted by us). You agree to indemnify us and our agents and officers, directors and employees and any Licensee immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you (including the Website terms and conditions). We may terminate your use of the Website immediately if we consider that you have breached these Terms and/or the Website terms and conditions. 8.4 Except as expressly set out in the contract and subject to Clauses 2 and 8.2, all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law. 8.5 In placing an order with us, you are accepting the liability as laid out in these Terms.
9 Intellectual Property Rights:
9.1 All intellectual property rights in the Goods, including, but not restricted to all patents, registered designs, design rights, registered and unregistered trade marks and copyright shall remain our property or the property of our third party licensors. 9.2 It is expressly forbidden for any other party to infringe any such patents, trade marks and copyrights. Use of our Website, subject to the Website terms and conditions, does not permit you to use any of our Intellectual Property without first obtaining our prior express written permission.
10 Returns and Cancellation Policy:
10.1 We will accept back any Goods which have been delivered to you incorrectly, are damaged, or are not as described by us when you placed the order on the Website. If you are not a Consumer you must inform us of any defect or error in delivery or description within 14 Working Days of the Goods being delivered. After the expiration of this 14 Working Day period the Company will not refund you for the purchase of the Goods. 10.2 We will reimburse the price of the returned Goods (but not gift-wrapping or delivery charges) to your credit card or debit card account or via cheque within 30 Working Days of receiving your notification that you wish to return the Goods, subject to receipt of the returned Goods by us. 10.3 You will need to arrange and pay for delivery-back or collection charges for Goods being returned, which must be returned to us by recorded delivery to: [inthespirit, c/o GKP, The Old Winery, Moorlinch Vineyard, Moorlinch, Somerset TA7 9DD]. If you are a Consumer the Company will pay/refund you (as applicable) for the cost of returning the Goods (but not the original costs of delivery of the Goods to the Delivery Point). 10.4 Any returned Goods will only be accepted if they are in good condition. You may not return Goods to us if the seal on the bottle(s) has been opened or if the bottle(s) has been tampered with in any other way. If the bottle(s) has been opened or otherwise tampered with, we will not accept it/them for return. 10.5 This Returns Policy does not affect your statutory rights or rights for a breach of the Contract by us. If you receive Goods which you believe are damaged, faulty or corked, please contact us by post at the following address: [inthespirit, c/o GKP, The Old Winery, Moorlinch Vineyard, Moorlinch, Somerset TA7 9DD], by e-mail at: [email@example.com]or by telephone on [01458 211006] between the hours of 9am to 5pm, Monday to Friday. 10.6 It may not always be possible to stop an order from being dispatched, as we endeavor to process orders immediately. If your order has already been dispatched please return the order following the instructions contained in the parcel which the Goods are sent to you in. 10.7 If you are a Consumer, you will have a right to cancel the Contract provided that you do so within the period of 7 Working Days, beginning on the day after the day that the Goods are delivered to the Delivery Point. Should the Contract be cancelled within this period you are to return all the Goods (unused and in the same state as when delivered) provided by the Company, at your own expense. Where your order is returned to us within 7 Working Days of your delivery, or you notify us in writing, by email or by telephone to the address of number set out in Clause 10.5 of your wish to cancel your order within this period, the cost of your order and your original postage and packing charge will be reimbursed in full. Should you fail to follow this procedure we will have a right of legal action against you for compensation.
11.1 We shall use the personal information that you supply about yourself or another person to process your order, deliver the Goods and process any returns. We use your information to enable us to provide you with the Goods or services you have ordered from us or otherwise in connection with your relationship with us. We may also use the information you provide to us to improve the content and appearance of our Website or catalogues. With a view to understanding our customers better, and where you have indicated that you would like us to, we will retain the information about yourself you provide us with and details of any purchases you have made to enable us to offer products and services that are likely to interest you. You can opt out of receiving future information from the Company by checking the appropriate box on the online order screen or by informing the Company direct by telephone, in writing or by email as set out in Clause 10.5.
12.1 The Website is controlled and operated in the UK. These Terms and all matters connected with any order you place in our Website or the Contract are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the Website or any order you place on the Website.
13 Force Majeure:
13.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party?s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 Working Days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not. 14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. 14.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. 14.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. 14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. 14.6 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system?s capabilities. 14.7 You will be subject to the policies and these Terms which are in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the confirmation of dispatchment of the Goods (in which case we have the right to assume that you have accepted the change to the Terms, unless a Consumer notifies us to the contrary within 7 Working Days of receipt of the delivery of the Goods).
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