1. Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The websites https://www.thetipplecellar.com/ ("the website") are owned and operated by Partners In Supply Limited trading as 'The Tipple Cellar'. References to "we", "us", or "our" are references to Partners In Supply Limited. We are a company registered in England and Wales (company number 6628603, our VAT number is 934157717 and our registered office and address for correspondence is:
The Tipple Cellar
Unit 42-43 Faraday Mill
1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 10th of October 2018. 1.3 Other applicable terms
works pages on the website for further information.
2. Website Use
2.1 This site is available to users who are 18 years and older. If you are under 18 years of age please leave this site immediately. If you continue to use this site you are confirming that you are 18 years of age or older.
2.2 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.3 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
2.4 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.5 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
2.6 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
2.7 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
2.8 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
2.9 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at email@example.com.
2.10 The Tipple Cellar reserves the right to use any content that you post to social media that specifically concerns or references The Tipple Cellar and or its products. This content may be shared by Tipple Hamper on our own social media accounts, with third parties or on our website.
. Intellectual Property Rights
3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
3.2 External Links
3.2.1 From time to time this website or our Social Media presence may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) / content. We have no responsibility for the content, privacy policies or operation of such linked website(s) /Social Media pages, or for anything provided (or not provided) by the third parties controlling such linked websites.
3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
4.1 In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.
4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. You may NOT order from us if you are under 18 years of age, nor may you order products for delivery to anyone under the age of 18.
4.3 When signing up you need to provide:
4.3.1 your full name;
4.3.2 a valid and current email address;
4.3.3 a valid and current mobile telephone number;
4.3.4 your, or your designated recipients, delivery address;
4.3.5 confirmation that you are over the age of 18.
4.3.6 Confirmation that, if you are not the recipient, that the recipient is over the age of 18 and
4.3.7 your payment card details. For age verification purposes the payment type will preferably be by credit card. Where an alternative method of payment is selected, The Tipple Cellar will require details of a Credit Card in your name and registered at your address. To verify your age, Little Gin Box will attempt to undertake a transaction of nominal value (less than 10 pence) against the credit card details provided. If this transaction fails your age cannot be verified and Little Gin Box will be unable to fulfil any orders you place.
4.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
4.5 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever. In particular, this will always be the case where The Tipple Cellar is unable to verify your or the recipients age.
4.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
5. Availability of Website
5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at firstname.lastname@example.org.
6. Purchase of The Tipple Cellar Hampers
6.1 When you register an account on the website and select to purchase a recurring membership you will automatically be signed up to receive a regular delivery of our products (generally monthly). You can cancel a recurring membership at anytime although 3 monthly, 6 monthly, 12 monthly and Gift orders cannot be cancelled. Please see the FAQs section for more details.
6.2 You may submit orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. You are given the opportunity to review the products ordered and where applicable the frequency of orders.
6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
6.4 No order is accepted from you until our website displays an order confirmation message. However The Tipple Cellar may still cancel an order where your age, or recipients age cannot be verified to our satisfaction, or payment for a recurring membership has been declined.
6.5 We select the contents of your monthly Tipple Hamper Co Hamper based on our selection of featured products. The Tipple Cellar Hampers may not be returned to us for any reason other than damage in the post.
7. Discounted offers
7.1 Discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
7.2 Except where otherwise stated, discounts and credits are available only once to any one person.
7.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
7.4 You must have internet access and valid payment details to redeem a free or discounted offer.
7.5 You will be charged the full price for boxes after any discounted offer. We will continue to bill you by your chosen payment method for the Partners In Supply Limited service until you cancel scheduled boxes.
7.6 Except where otherwise stated, discounts and credits can only be redeemed against full bottle purchases with only one discount being available against any one bottle purchase.
8.1 The price of products is as quoted on the website from time to time. Prices stated include VAT and delivery charges.
8.2 For orders of recurring membership, we take payments by continuous payment authority. You will be charged as follows:
8.2.1 Unless you have advised us by the 20th of the preceding month of your desire to cancel your membership, you will be charged on or around the 1st of the month and delivery will be made to authorised payments within 10 calendar days; By purchasing a recurring membership you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
8.2.2 – Not used.
8.3 Payment times will vary in the approach to a bank holiday, when we may take payment up to five days earlier.
8.4 If your payment details change and you wish to continue receiving your Tipple Hamper Hampers, please provide your updated card details. We will attempt to contact you by email if your payment is declined.
8.5 You agree not to hold us responsible for banking charges incurred due to payments on your account.
8.6 Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the price of any products at any time prior to order acceptance. We agree to notify you at least 30 days in advance of any change in the price of recurring memberships. Please note that you can cancel recurring memberships at any time – see section 10 below.
8.7 Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a nominal payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a nominal charge on your account balance.
9. Delivery and Return of Hampers
9.1 Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
9.2 Boxes are delivered by Royal Mail. Deliveries are tracked by Royal Mail to the letter box but a signature is not obtained. Actual delivery times may vary for you depending on:
9.2.1 our stock availability;
9.2.2 your delivery address;
9.2.3 when you place your order; and
9.2.4 circumstances impacting delivery by the postal service. We reserve the right to use alternative delivery methods without prior notification.
9.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
9.4 It is your responsibility to report all lost or undelivered boxes by email to email@example.com within 7 days of the expected day of delivery.
9.5 If you are out when it is delivered, Royal Mail should leave a card at the address with information about collection or re-delivery. The postage provider will only hold the box for 14 days before returning it to us and it is your responsibility to collect your box before it is returned to us.
9.6 If you change address, you must email us at firstname.lastname@example.org and update your address details. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
9.7 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
9.8 If you are dissatisfied with any product you receive from us, please contact our customer services team at email@example.com. We retain the right to request a return of any faulty goods to The Tipple Cellar, Unit 78, City Business Park, Somerset Place, Plymouth, Devon, PL3 4BB and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
9.9 Please be aware that whilst we will use best endeavours to ensure timely despatch, time will not be of the essence and we cannot guarantee delivery on or by a specific date and will not be held liable for delays outside of our control.
9.10 If you receive a broken bottle please inform us within 24 hours of receipt by email to firstname.lastname@example.org. Please include a photograph of the damage. The Tipple Cellar does not issue refunds but will replace your damaged bottle as soon as possible. The Tipple Cellar reserves the right to dispute the reception of a damaged or broken bottle and to cancel the membership or any future orders of any customer for any reason.
10.1 You can cancel the rolling subscription purchase of a The Tipple Cellar at any time before the 20th of the preceding month either by logging into your online account or by emailing us at email@example.com. If by email, please include the recipients full name and address. Cancellations cannot be accepted by telephone or via Social Media messaging. For more details please see our FAQs.
10.2 You remain responsible for ensuring that any such cancellation is not only transmitted by you, but received by us, in time for the deadline.
10.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
10.4 Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order for the purchase of a box under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.5 Limited duration memberships (3, 6, or 12 month memberships) may be cancelled at anytime and deliveries will cease immediately, however The Tipple Cellar is unable to make any refunds for any unused portion of your membership.
12. Limitations on Liability
12.1 Nothing in this clause 12 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for: ◦
12.1.1 fraud or fraudulent misrepresentation;
12.1.2 death or personal injury caused by our negligence;
12.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
12.1.4 under Part I of the Consumer Protection Act 1987; or
12.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.
12.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
12.3 Subject to clause
12.3.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
13. Applicable Law
13.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
14. Assignment by Us
14.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
15. Accounts are Non-Transferable
15.1 Accounts with Partners In Supply are not transferable and therefore cannot be sold or traded.
16. No Waiver
16.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
17. Force Majeure
17.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
18. Third Party Rights
18.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
19. Contacting us
19.1 If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help. You can: ◦ email us: firstname.lastname@example.org ◦ write to us:
The Tipple Cellar
Unit 42-43 Faraday Mill