Terms & Conditions
Flavourly is the easiest way for you to discover new, exciting and delicious craft beer and spirits at an affordable price. Look at it like a little bit of convenient luxury delivered to you monthly, or a brilliant gift!
Information about us
Welcome to www.Flavourly.com (the “Site”), a trading name of Flavourly Limited. Our registered office is 17 Northumberland Street, Edinburgh, EH36LL. We are registered in Scotland with company number – SC430601 with VAT number - 172 3497 95
By accessing or using the Site, purchasing our Products or using our subscription 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 Terms of Service before using the Site offered by Flavourly.
The purchase of products from the Site from Flavourly Limited (“we” or “us” or “Flavourly”) is governed by these terms and conditions. By ordering any of our Products, you (“you”, “the Purchaser” or “the Buyer”) agree to be bound by these terms and conditions. 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 Streamline (“Streamline Terms”) when setting up payment details. The Sage Pay and Streamline Terms are incorporated in to this agreement so far as they are compatible and consistent with these terms.
Effective date: August 28th 2012
The Flavourly Service is not available to:
- Minors under the age of 18 and
- Those who cannot enter into binding contracts.
- Those outside the UK.
If you do not qualify, you may not use the Flavourly Service or the Site.
This Agreement, together 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, 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 you if you are over the legal age, which is 18 years old in the United Kingdom. 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. Flavourly does accept any liability whatsoever for delivery 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. 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, 3 month or 6 month customers hereby authorize us to take payment each 3 months or 6 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, thecustomer, 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. All prices do not include shipping which will be added to your total purchase price.
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 contact form 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.
Users who purchase (when available) three-, six-, or twelve-month memberships can be cancelled any time but may incur a cancellation fee. This fee will be calculated when the cancellation request is received by Flavourly and will be based on discounts received for purchasing an extended membership. Three, six and twelve month users are also able to change the shipping address and recipient of their membership at any time which can be done so via their ‘account’ settings.
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 our self will only take place or be sent where your original order is lost or damaged. We will not be held responsible if 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.
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.
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 and which are not foreseeable by you and us, 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’ 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.
Trial Membership Offer
The following Terms and Conditions relate to users claiming Flavourly's trial membership offer. By redeeming a Flavourly trial membership offer you are agreeing to the following terms:
- Offer is only valid to UK residents over 18 years old.
- Only one redemption per person. Each additional redemptions will incur a full charge of the 4 beer box's value.
- Flavourly reserves the right to remove this offer at any time.
If you have any questions about these Customer Terms and Conditions, please send us an email at firstname.lastname@example.org.