Terms & Conditions

Asian Artisan Drinks Limited – Terms and Conditions for the Supply of Goods to Consumers

1.Introduction

These are the terms and conditions referred to in your order (‘Order’) for us to supply you with Asian origin beverages (‘Goods’).

They describe the terms on which we will sell the goods to you. In particular, we must deliver the correct goods to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards.

They also explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone’s control (including natural causes).

This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.

2.The Contract

2.1 The Order is your offer to buy the goods from us on these Conditions, and you must make sure that the Order is correct.

2.2 We reserve the right not to accept any order.

2.3 When we process payment and send you a written acceptance, you have a binding contract with us, and these Conditions are part of it.

2.4 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it.

2.5 If we have given you a quotation for the goods, it is only valid for 28 days from its issue date. It is not an offer to sell you the goods.

2.6 If either of us needs to give the other a notice under the contract (‘Notice’), the Notice must be given properly to be effective. Clause 9.4 explains how to give a proper Notice.

2.7 We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:

2.7.1 The main characteristics of the Goods;

2.7.2 Our identity and contact details;

2.7.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

2.7.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

2.7.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;

2.7.6 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;

3.The Goods

3.1 The goods are described on our website Asianartisandrinks.co.uk. and are offered subject to availability.

3.2 We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order for alcohol you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

4.Delivery of the Goods

4.1 We will give you a delivery note with each delivery of goods . It will state the Order date, the Order number, the type and quantity of goods, and the outstanding balance of the Order if we are delivering goods by instalments.

4.2 Delivery dates are approximate, and time of delivery is not guaranteed. Delivery will be completed when the goods are delivered to the delivery address on your Order or the goods have been collected by you.

4.3 We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions or if you do not accept delivery of the goods after [2] attempts to deliver them to the address supplied on your Order.

4.4 We are allowed to deliver the goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.

4.5 If we refuse to deliver the goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay.

5.Promises

5.1 We want you to be satisfied with the quality of the goods and so we offer you the following promise for 14 days from the date of delivery:

5.1.1 the goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and descriptions provided by our salespeople. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.

5.1.2 the goods are free from significant defects;

5.1.3 the goods are of satisfactory quality;

5.1.4 the goods are suitable for any purpose that we have specified.

5.2 If you discover that some or all of the goods do not meet this promise, you can either reject them within 14 days of their receipt by notice in writing to us, or require us to repair or replace them, or (if we fail to do that) require us to refund you the price of the defective goods. This will only apply, however, if you have done the following:

5.2.1 given us a reasonable opportunity of examining the goods, and

5.2.2 you have returned the goods to us at our address and your cost, if requested.

5.3 Our promise does not apply if:

5.3.1 you continue to use the goods after you have given us Notice of a defect;

5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use and storage of the goods;

5.3.5 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;

5.3.6 changes have been made to the goods to comply with regulations which apply to them.

5.4 Our promise only applies on the basis of this clause, but it also applies on the same basis to any replacement goods that we supply.

5.5 You may cancel your Order at any time before we despatch the goods by contacting us in writing.

5.6 You may also cancel your Order within 14 days of receipt of the goods if it is placed with us electronically. If you have already paid for the goods, the payment will be refunded to you within 14 days of your cancellation (including delivery costs) provided you have returned the goods to us at our address and your cost, if requested. You agree that this cancellation right does not apply if the goods you have purchased have been personalised for your use.

5.7 We may cancel your Order at any time before we despatch the goods in the following circumstances:

5.7.1 The goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or

5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.

5.8 If we cancel your Order under sub-Clause 5.7 and you have already paid for the goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.

6.Ownership and Risk

6.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 4.4 and 4.5.). You should make sure that you insure the goods from this time onwards where required.

6.2 Ownership of the goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the goods. 

7.Price and Payment

7.1 The price of the goods is stated in our acceptance of your Order.

7.2 Where an invoice is issued separately you must pay our invoice in full within 7 days of our invoice date or as per the payment terms where set out in the invoice. You guarantee this time of payment. If you fail to pay on time, we may charge you interest at 4% per year above the Bank of England’s base rate from time to time from the due date until payment of what you owe us, whether that happens before or after any court judgment on the debt that you owe. The interest will be earned daily and you must pay it all with the overdue amount.

7.3 You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.

7.4 Although we endeavour to ensure that all pricing information on this website is accurate, occasionally an error may occur and goods may be mis-priced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

7.5 We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order. Where an end date is specified on any offer on the website, it is intended as a guide only. We reserve the right to change prices at any time.

7.6 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.

7.7 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.

7.8 All payments for Goods must be made in advance before we can despatch the Goods to you unless credit payment terms have been agreed as per the issued invoice.

7.9 Where a Goods are sold on a minimum subscription basis, the following terms will apply subject to clause 5.6:

      1. where a minimum subscription period applies, full payment will be taken when placing the order to cover the period;

      2. where a minimum subscription period applies, cancellations are not permitted until the end of this initial period and we will not issue you a refund if you cancel during the minimum subscription period; and

8.Limitations on our Legal Responsibilities

8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the goods.

8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, any other matter that the law says we can’t exclude (for example under the Consumer Rights Act, 2015).

8.3 Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.

9.Data Protection

9.1 The following definition shall apply to this clause 9: Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

9.2 Both of us, in so far as is required, agree that we will comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to and does not remove or replace, a party’s obligations under the Data Protection Legislation.

9.3 For the purposes of the Data Protection Legislation you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings defined in the Data Protection Legislation).

9.4 Without prejudice to the generality of clause 9.2 you will ensure that you have all necessary appropriate consent and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.

9.5 Without prejudice to the generality of clause 9.2 we warrant and undertake that we shall, in relation to any Personal Data processed in connection with this agreement:

9.5.1 process the Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union to process Personal Data. Where we rely on the laws of a member of the European Union or European Union law as the basis for processing Personal Data we shall notify you of this before performing the processing required by those laws unless those laws prohibit us from doing so.

9.5.2 ensure that we have the appropriate technical and organisation measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage of the Personal Data.

9.5.3 ensure that all personnel who have access to and / or process the Personal Data are obliged to keep the Personal Data confidential; and

9.5.4 not to transfer any Personal Data outside of the EEA without your prior written consent and ensuring the following conditions are met:

9.5.4.1 you or we have provided appropriate safeguards in relation to the transfer;

9.5.4.2 the data subject enforceable rights and effective legal remedies;

9.5.4.3 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

9.5.4.4 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data.

9.5.5 assist you at your cost in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notification, impact assessments and consultations with supervisory authorities.

9.5.6 notify you without undue delay on becoming aware of a Personal Data breach

9.5.7 at your written request return or delete Personal Data and copies of Personal Data on termination of the agreement unless required by law to retain them.

9.5.8 maintain complete and accurate records and information to demonstration compliance with clause 9.

9.6 You and us agree to indemnify and keep indemnified and defend at their own expense the other against all costs, claims, damages or expenses incurred by the other party for which the other party may become liable due to any failure by the other party or its employees or agents to comply with any of its obligations under this clause 9

10.General

10.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.

10.2 Nobody other than we and you may rely on any terms of this contract.

10.3 Changes to the contract are only binding if we agree them in writing, sign them and give you a copy.

10.4 If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.

10.5 Delay in exercising a right under the contract will not take away that right or any other right.

10.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

10.7 All complaints are handled in accordance with our complaints handling policy and procedure. Complaints may be initiated by contacting support@asianartisandrinks.co.uk

10.8 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

10.9 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

10.11 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

10.12 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

10.13 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration.

10.14 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

10.15 The contract (and any non-contractual obligations arising from it) operates under English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.

Contact

0207 052 4469 | hello@asianartisandrinks.co.uk

AWRS: XLAW00000115990

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