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Terms and Conditions
Flavourly is the easiest way for you to discover new, exciting and delicious craft beer by the case at an affordable price. Look at it like a little bit of convenient luxury delivered to your door monthly, or a brilliant gift!
CONTENTS OF TERMS AND CONDITIONS
- Information about us
- Membership Eligibility
- Age restriction
- Pricing and Products
- Refunds and Returns
- Submitted Content
- Reviews, Comments, Communications & Other Content
- Disclaimer of Warranty
- Limitation of Liability
- Survival of Terms
- Choice of Law
- Flavourly Service
- Free Delivery
INFORMATION ABOUT US
Welcome to flavourly.com (the “Site”), a trading name of Flavourly Limited. We are registered in Scotland with company number – SC430601, and with VAT number - 172 3497 95.
By accessing or using the Site, purchasing our products or using our subscription service (collectively referred to as “Products” or the “Flavourly Service”), you agree to be bound by all of the terms and conditions in, and linked to, these Terms of Service (the “TOS” or the “Agreement”). If you do not wish to be bound by this Agreement, then you may not access or use this Site or purchase any Products. If you have any questions or concerns regarding this statement, then you should contact us at firstname.lastname@example.org.
You must read and accept all TOS before using the Site offered by Flavourly. Contained in these terms and conditions are details of current regulations governing online shopping. Please read them carefully as they contain important information. If you intend to purchase from this Site, Flavourly recommends that you print and carefully read and review a copy of these terms and conditions.
Flavourly reserves the right to change, modify, substitute or remove, without notice, any information on this Site as necessary. You are also required to approve the Standard Terms and Conditions of Sage Pay (“Sage Pay Terms”) and the Standard Terms and Conditions of Opayo (“Opayo Terms”) when setting up payment details. The Sage Pay and Opayo Terms are incorporated in to this agreement so far as they are compatible and consistent with these terms.
The Flavourly Service is not available to:
Minors under the age of 18; Those who cannot enter into binding contracts; and Those outside the UK.
If you do not qualify, you may not use the Flavourly Service or the Site.
This Agreement with any additional terms on the Site shall govern any order you make through the Site or Services for Products. Flavourly ships only to addresses in the United Kingdom. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, including errors in the pricing of products on the Site, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated delivery date provided by Flavourly is based on Product availability and payment processing time. The Products will be at your risk from the time of delivery. Ownership of the Products passes to you on delivery as long as full payment has been received.
We will only supply alcohol-based products to persons who are over the legal age, which is 18 years old in the United Kingdom and otherwise in full compliance with the law. In accordance with the Licensing Act 2003 and Licensing (Scotland) Act 2005 it is an offence for any person under the age of 18 to purchase or attempt to purchase alcohol. Similarly, any person over the age of 18 purchasing alcohol on behalf of any person under the age of 18 also commits an offence.
By placing an order on the Site and completing the order process which forms part of the contract of sale you thereby confirm that you are over 18, that someone over the age of 18 will be available to accept delivery at the delivery address provided for your order and that delivery will not be accepted by any person under 18 at that address. You further warrant and confirm that where you are placing an order on the Site as a gift to be delivered to any other person as a giftee, that the giftee is over the age of 18. Flavourly does not accept any liability whatsoever for delivery to or acceptance by any person under 18.
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. In the case of a pricing error, we reserve the right to not ship the product and will inform you by email if this is the case. By submitting your payment information to us, you authorise us to charge you via the applicable payment method at our convenience. Month to month customers hereby authorise us to charge you and take payment each month until such time as you have cancelled your membership in accordance with this contract. Similarly, 2 month or 3 month customers hereby authorize us to take payment each 2 months or 3 months, as applicable until such time as you cancel your membership. You represent that you will not use any form of payment unless you have all necessary authorisation to do so. To pay for an Order, you will need to provide Flavourly with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such order. We can only accept payment in pounds Sterling. We accept debit and credit cards including Mastercard, Visa, Visa Debit/Delta and Visa Electron.
In the unlikely event that your payment card is used fraudulently to make a purchase with Flavourly, you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
Where we have validly taken payment in consideration of providing Products under this contract and where the Customer obtains a repayment from their credit card provider (“also known as a Charge Back”), notwithstanding such Charge Back, the Customer shall remain liable to us for such sums save where the Customer has returned the Products to us in the specific circumstances permitted by this Agreement. Customers receiving a Charge Back shall be liable to pay us an administration charge of £20 each month until we receive payment in full from the Customer where the Charge Back represents a breach of this Agreement.
PRICING AND PRODUCTS
We are not responsible for typographical errors regarding price or any other matter. Products displayed may be unavailable and hence substituted, and prices are subject to change. Despite our best efforts, a small number of the items on our Site may be mispriced and such items on the Site are subject to the terms of orders and payment in our TOS. Prices usually include the costs of shipping, though some geographical charges apply and these which will be added to your total purchase price as appropriate. See section of Free Delivery below.
Month-to-month members can cancel their Flavourly membership at any time with no cancellation fees. This can be done by either:
Cancelling via account settings, which will be effective immediately. Cancelling via contacting email@example.com, which will be effective from the moment the request is read by Flavourly. Sufficient details must also be supplied to identify your account.
Customers who purchase pre-paid gift memberships can cancel these memberships by contacting our support team or via the gift page in their account.
REFUNDS AND RETURNS
As the nature of our products is perishable, we can only accept returns made within 7 working days of you receiving your order. Please pack your box securely and include your full name and delivery address along with your return. We will not be able to refund your box if we cannot identify your account. You will remain responsible for your box and all costs incurred for postage until it reaches our warehouse. We recommend that you send your box with a traceable carrier. Returns must be shipped prepaid, we do not accept C.O.D. deliveries. A refund or replacement order from Flavourly will only take place or be sent where your original order is lost or damaged. We will not be held responsible if a user has inputted an incorrect address and their order has been shipped there, nor will we be responsible if a user has processed an incorrect number of orders.
Customers who wish to return their boxes will be charged a £5/box return postage and processing fee.
Flavourly does not claim ownership of any materials you make available through the Site. With respect to such materials you submit or make available for inclusion on the Site, you grant Flavourly a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Flavourly will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
REVIEWS, COMMENTS, COMMUNICATIONS & OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift card or other content. Flavourly reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
You can see the current balance of credits in your account by logging onto the Site and viewing the “My Account” pages. You may receive credits for actions on the site, referring friends, or from Flavourly after problems with your order. Credits in your account are only valid for purchases made through the Site and will expire two years after your last purchase from the Site (or credit receiving action from the Site if more recent).
DISCLAIMER OF WARRANTY
All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Other than as required under applicable consumer protection law, under no circumstance will Flavourly be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
LIMITATION OF LIABILITY
We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased. This does not include or limit in any way our liability:
For death or personal injury caused by our negligence; Under section 2(3) of the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation;
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but limited to:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You agree to indemnify and hold Flavourly (and its officers, directors, employees, agents and suppliers) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of this Agreement, or your violation of any law or the rights of a third party.
SURVIVAL OF TERMS
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of this Agreement.
CHOICE OF LAW
This Contract, its formation and the supply to you of any products or services ordered on our Website will be governed by Scottish law. Any dispute or claim arising in connection with the supply to you of any products or services, the formation of this Contract or any non-contractual dispute will be subject to the exclusive jurisdiction of the Scottish courts.
Flavourly reserves the right to modify or terminate the Flavourly Service for any reason, without notice, at any time. Flavourly reserves the right to alter this TOS or other Site policies at any time, so please review the policies regularly. If Flavourly makes a material change, Flavourly will notify you here, by email, by means of a notice on our home page, or other places Flavourly deems appropriate. What constitutes a “material change” will be determined at Flavourly’s sole discretion, in good faith, and using common sense and reasonable judgment.
This Agreement including, without limitation, any other terms and conditions that may appear on the Site from time-to-time (for example, the shipping policy, return policy, and information regarding items and orders) contain the full understanding and agreement with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of this Agreement shall remain in full force and effect.
The failure of Flavourly to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement. We may provide notice to you relating to the Site and/or this Agreement by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
Please note that, while we offer site-wide free delivery, we are unable to do so on certain heavily discounted offers.
Additionally, delivery to postcodes outside of central UK unfortunately incur a fuel and delivery surcharge from our courier, and require a little extra time for delivery. We only pass on a partial amount of this surcharge, which will be applied automatically at checkout and applies to the following delivery postcodes:
AB31, AB33-38, AB41-56, FK17-21, GY9-10, HS1-9, KA27-28, KW0-17, PA20-80, PH15-26, PH30-44, PH49-50, TR21-25. And all postcodes in the BT, IM, IV and ZE postcode areas.
If you have any questions about these Customer Terms and Conditions, please send us an email at firstname.lastname@example.org.