Terms of Sale

Mix Lab Online Shop - Terms of Sale

Who we are

These terms of sale apply to customers located in the United Kingdom who order products from our online shop available at https://shop.mixlabcocktails.com ("Website"). PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING ANY PRODUCTS FROM THE WEBSITE. YOU SHOULD PRINT A COPY FOR FUTURE REFERENCE.

These are the terms of John Dewar and Sons Limited, t/a Mix Lab ("we", "our", "us"), which is the company that sells products on the Website and fulfils the orders. Our registered office is at C/O Bacardi-Martini Limited, Bacardi Brown-Forman House, Kings Worthy, Winchester, Hampshire, SO23 7TW, and our company number is 00613551 and our VAT number is GB260226101.

These terms of sale should be read in conjunction with the separate Privacy Policy and Cookie Policy which governs processing of personal data. You should also read the terms of use for the Website accessible here.

If you have any questions about the Website, please contact us at shop@mixlabcocktails.com.

 

Our Products

A description of the main characteristics of products can be found on the Website. We will endeavor to ensure that the information displayed on the Website is current and accurate; however, information may not be accurate at the time you place an order. This includes stock levels, images, descriptions, and prices. Please contact us before you place an order if you have a specific requirement.

All tasting notes are a subjective view of a product. All images are for illustrative purposes only – your product may vary slightly from those images.  

We have an age verification checks on the Website. Products containing alcohol, or knives, can only be purchased by persons aged 18 years old and over, accordingly the purchaser and recipient of products on the Website must be 18 years old or over.

 

Pricing and payment

All prices are quoted in pounds sterling and are inclusive of UK VAT. Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. We reserve the right to change the prices of any item at any time without prior notice.

The price of the product will be the price as indicated on the order page when you placed your order. We will not be obliged to fulfil orders for products that are priced incorrectly on the Website. We will take steps to rectify errors as soon as possible when we become aware.

Payments are processed by Shopify International Limited. The general conditions of the payment service provider are applicable to such orders and accessible at https://www.shopify.co.uk/legal/terms-payments-gb.

We accept Visa and MasterCard credit cards, Visa Debit and Maestro debit cards and American Express. We do not accept any other methods of payment.

By placing an order, you agree to payment being charged to your credit/debit card and confirm that the card being used is yours.  All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. So please ensure you provide the name as it is shown on your card and the billing address corresponds as it appears on the card statement. We will not be liable for any delay or non-delivery if your card issuer does not authorise payment.

Payment data is stored by Shopify International Limited and we do not have access to unencrypted data.

 

Engraving/Personalisation

Certain products can be personalised or engraved for an additional fee which will be advised on the Website or during the order process. Please select this option on the product page and complete the ‘Engraving’ text box underneath. Orders with personalisation may take longer (up to 2 days additional) to process before we can post them. Each bottle has different space available, so we may contact you to confirm the layout that you require. Otherwise we will engrave with the supplied spelling.

If an order is placed without selecting the personalised option but an engraved message is included, we will contact you to confirm if it is required. The additional fee will still be payable, but this may delay your order.

All personalised items are non-refundable. Engraved or personalised messages cannot be offensive, insulting, or defamatory towards (but not limited to) any person, place or product, or encourage (directly or indirectly) irresponsible or underage drinking. Layout and text size may be altered to suit the bottle as required.

 

How to Order

Before placing an order, you will be asked to confirm that you have read these terms of sale and will be asked to accept them. If you have any issues, please contact us before you place an order.

When you are ready to purchase the products, you can submit your order to us by clicking ‘buy now’. Once you click ‘buy now’ you are unable to amend your order and will be directed to the payment page to process your payment. Please note that this represents an “offer” from you to buy the relevant products from us and is subject to our acceptance.

Orders must be paid for in advance. Once you have placed an order online, we will send you a confirmation email – at this point your order has been accepted by us and a contract between us has been concluded. We will contact you if there are any problems with stock, pricing or delivery. A second email will be sent when the order is dispatched. This confirms stock availability, price and payment.

We reserve the right to refuse any order you place with us if the products are unavailable or payment has not been duly received. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

If we refuse or cancel your order in part or in its entirety, you will receive a refund for the full purchase price of the part of the order that has been cancelled or refused. If we can’t fulfil your order because the products are unavailable, we will contact you to offer a reasonable substitute or let you know when we expect such products to be available – this does not affect your statutory right of cancellation.

 

Delivery Policy

Delivery charges may be added to your order. The charge may vary depending on the delivery method you request, your delivery location and the order value or weight – such charges will be displayed before you finalise your order.

Orders will be sent to the delivery address that you specified in the order process. Acceptance of the products by you or a representative or someone who accepts delivery on your behalf is evidence of successful delivery being made at which point the products are your responsibility.

We can only deliver to addresses within the United Kingdom.

The estimated delivery date will be shown in the dispatch email we send. We will process your order as soon as possible and in accordance with the time shown in that email. We use Royal Mail services, usually a Tracked service for age restricted goods, or 1st/2nd Class services for others. Email addresses are passed to Royal Mail for the purpose of providing tracking information about your order where applicable. There may be occasions when delivery will take longer due to factors outside our control, however we will endeavour to contact you as soon as possible to let you know and minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract (see section “CANCELLATION” below) and receive a refund for any products you have paid for but not received.

The courier may ask you for proof of identity to confirm that you are 18 or over and can refuse delivery if no proof / insufficient proof is provided. Royal Mail operates a Challenge 25 policy and may require valid photographic ID as proof of age upon delivery. Visit www.royalmail.com/terms-and-conditions for more information.

We will not be liable for failed or unsuccessful delivery attempts by the courier, or any charges incurred by you as a result. Any complaints or claims for lost or damaged goods whilst in transit should be made to the Courier – however please contact us directly by email to shop@mixlabcocktails.com in the first instance where we will try to assist you.

 

Cancellation

Cancelling an order

Unless one of the exceptions listed below applies, you have the statutory right to cancel your order up to 14 days from when the products are delivered to the address provided by you if you ordered only one item or, if you ordered more than one item in one order, the day the last item is delivered to such address.

Exemptions: Your statutory right to cancel an order during the 14 day period does not apply to:

  • Products which are liable to deteriorate or expire rapidly, such as perishable food items
  • Personalised products (i.e. those that are engraved) which are ordered through the Website.

This does not affect your statutory rights if the products are defective, in which case, see the section below titled “REFUND FOR DEFECTIVE GOODS”.

You must inform John Dewar & Sons Limited of your decision to cancel your order. You may do this by emailing shop@mixlabcocktails.com with details of the order number, your name, address and contact details or using the cancellation form set out at the end of these terms.

You then have an additional 14 days to return the products to us, and the item must be unused and in the same condition that you received it (including in the original packaging). To return your product, you should post it to: The Bombay Sapphire Distillery, Laverstoke Mill, London Road, Whitchurch, Hampshire, RG28 7NR, FAO Customer Cancellations. Returns should be made using a tracked shipping service to allow proof of return.

You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, you may be liable if the value of the products returned diminishes due to the handling of the goods.

We will make the reimbursement no later than 14 days after the day we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. For order cancellations, we will refund the cost of delivery to you, but not the cost of returning the product(s) to us (as you have to bear the cost of returning products). We may make a deduction from the refund due to you to reflect any deduction in the value of the product if this has been caused by your handling of the product in a way which would not be permitted in a shop.

REFUND FOR DEFECTIVE PRODUCTS

Defective Products

In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:

Tier 1: within 30 days of receiving the defective product, you can choose to receive either: (a) a full refund; or (b) a replacement; or (c) (if the defective product is repairable) a repair.

Tier 2: if more than 30 days have passed after you received the products, you can claim a replacement of the defective product or, if the defective product is repairable, a repair (but not a refund); or

Tier 3: if the repair or replacement is not possible, or if it cannot be provided to you in a reasonable time, then you can choose to return the defective product and claim a reduction in price (which may be up to the full amount but the refund may be reduced to take account of any use you have had from the products).

If you think you have received a defective product, please return the products back us including details of:

  • Your Order Number
  • Product Code/Product Name
  • Details of the fault
  • Whether you would prefer a refund or replacement or (if the defective product is repairable) a repair

You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and if we approve your refund.

For defective goods, we will refund you the full amount including the original delivery charge and any reasonable costs for you to return the product to us, unless we are entitled to make deductions from the refund under Tier 3.

If the refund is approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, as soon as possible, and within 14 days after the day we confirm via e-mail that you are entitled to a refund.

Please always contact us at shop@mixlabcocktails.com before posting an item back to us, in particular to discuss the best method of posting it. To return your product, you should post it to: The Bombay Sapphire Distillery, Laverstoke Mill, London Road, Whitchurch, Hampshire, RG28 7NR, FAO Mix Lab Team. Returns should be made using a tracked shipping service to allow proof of return.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control, including: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (e) the acts, decrees, legislation, regulations or restrictions of any government.

Our liability

If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Nothing in these terms and conditions is intended to 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 obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Complaints

We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible. For complaints relating to orders placed through the Website please email shop@mixlabcocktails.com. To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number, and your contact details.

Or you can submit a complaint via the Online Dispute Resolution Platform of the European Commission via the following address http:ec.europa.eu/odr which may allow settlement out of court.

Governing law and jurisdiction

These terms and conditions shall be subject to English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Our right to vary these terms of sale

We reserve the right to revise and amend these terms from time to time. You will be subject to the terms that are in force at the time that you order products, unless: (a) any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or (b) we notify you of any changes to these terms before we accept your order, in which case we have the right to assume that you have accepted the change to the terms unless you notify us to the contrary within seven (7) working days of receipt by you of the products.

  

 

 

MODEL CANCELLATION FORM

(Complete and return this form by email only if you wish to cancel your contract)

 

To John Dewar and Sons Limited

 

I [*INSERT NAME] hereby give notice that I cancel my contract of sale of the following products: [*INSERT PRODUCT(S)] ordered on [*INSERT DATE] and received on [*INSERT DATE], from order reference [*INSERT ORDER REFERENCE NUMBER].

 

Name of consumer:

 

Address of consumer:

 

Signature of consumer (only if this form is notified on paper):

 

Date:

 

[*] Insert as appropriate.

 

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