Conditions of use of the distinctlybritish.co.uk site
This note explains how we will protect your privacy
Please note: Only persons aged 18 years or over are able to purchase alcoholic products from this site.
Distinctly British Ltd's commitment to privacyDistinctly British Ltd is committed to protecting the privacy of those using our site and the confidentiality of the personal information with which our shoppers provide us.
Data Protection Act 1998
We are registered under the Data Protection Act 1998 and comply with Act in all our dealings with your personal data.
Your personal information is safe with us.
Distinctly British Ltd will never sell personal information or share personal information with third parties unrelated to it. If you become a shopper with the stores on the Distinctly British Web site, we may use the information we collect, your name, e-mail address, address and other information on the purchase form to advise you of news about distinctlybritish.co.uk and distinctlybritish.com and/or the stores on the Web site.
If you do not wish to receive such information, please go to your account and unsubscribe from our newsletter or write to us at the address on the contact us page.
N.B. We do not see or hold your credit card details - all card transactions are handled by Sagepay or VeriFone under ssl secure screens and authorised direct with your card issuer.
Our Terms of Business1. Definitions
"store" means the Web pages featuring the goods from each manufacturer/distributor which allow you to order goods through us that will be delivered direct from each manufacturer/distributor "working day" means every day of a calendar year apart from weekends and statutory and public holidays;
"us" means Distinctly British Ltd and you together;
"you" and "your" means the person ordering goods under these terms and conditions.
2. Conditions of Sale
The sale of all goods on this site is between you and the store. The terms and conditions below are in addition to any terms and conditions notified to you by a store. Distinctly British Ltd must as agent for stores receive payment of the whole of the price for any goods or services that you order before your order shall be deemed ready for acceptance. Acceptance of your order shall be signified by the sending of an email to you at your email address that you provide when you checkout from our store. Distinctly British Ltd's acceptance of your order on behalf of the store has the effect of bringing into existence a legally binding contract between you and the store.
The prices payable for goods or services that you order are as set out on our Web site. Delivery charges may be extra to the price detailed against the product and will be detailed in your shopping "basket" showing your total purchases and the itemised costs. Delivery to some locations may not be possible.
4. Our Stores' Refund Policy
We want you to be totally satisfied with every purchase you make from stores using the Distinctly British Ltd sites. It is our aim to offer value and quality. If for any reason you are not totally satisfied, simply return an item in its original and unused condition to the store from which you bought the goods, please contact Distinctly British for the relevant return address, along with the wrapping and delivery slip, within 7 days of delivery. The store will exchange it or offer you a refund excluding the cost of the original postage / courier. You have no right to a refund or to cancel orders for goods made to your specifications or clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
This guarantee is in addition to your statutory rights, including your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 which remain unaffected. You have a right to cancel your contract with the store within 7 working days from the date after which you receive the goods, except for perishables. Food hampers will only be refunded at 50% of the original purchase price to account for delivery costs and perishables. It is the responsibility of the purchaser to pay for the return postage.
Distinctly British Ltd make every effort, on behalf of the stores, to ensure that out of stock items are notified on the distinctlybritish.co.uk and distinctlybritish.com sites. If the store from which you are buying has insufficient stock to deliver the goods ordered by you from them from our site, any sum debited from your credit card will be re-credited to your account and Distinctly British Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Distinctly British Ltd, on behalf of stores, will not be obliged to offer any additional compensation for disappointment suffered.
Unless specifically agreed, the store from which goods are ordered will only deliver goods ordered by you from the billing address of the credit card used to make the payment, or to a specified delivery address.
Please note: Purchasers are responsible for the correct delivery address and Post Code of orders place on the distinctlybritish.co.uk and .com site and Distinctly British Ltd cannot be held responsible for delivery to addresses which are subsequently discovered to be incorrect but as requested by purchasers.
Distinctly British Ltd retain the right to cancel an order and refund the cardholder if the billing address is unsuitable or outside our normal UK delivery area (see Delivery & Returns). Delivery will be made as soon as possible after your order has been accepted but in any event within 30 days unless we or the store notify you otherwise. Ownership of the goods you have ordered will pass from the store to you on their being delivered to you or to the person you nominate and to whom we have agreed to deliver. Once goods have been delivered, you hold them at your own risk and Distinctly British Ltd will not be liable for their loss, damage or destruction.
Distinctly British Ltd shall have no liability to you if the goods delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity. You must notify Distinctly British of the problem in writing / by email within 10 working days of their delivery. If you do not receive goods ordered by you within 30 days of the order date Distinctly British Ltd shall have no liability unless you notify Distinctly British Ltd in writing at the Distinctly British Ltd contact address of the non-receipt within 40 days of the date on which you ordered the goods.
Distinctly British Ltd has no obligation in the event of damage, defect, incorrect quantity, non receipt or incorrect goods or:
to make good any shortage or non-delivery or to replace or repair any goods that are damaged or defective.
On agreement, Distinctly British Ltd will arrange for you to be refunded the amount paid by you for the goods in question. The method of refund being at the sole discretion of Distinctly British Ltd..
Distinctly British Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any such occurrence and Distinctly British Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question where these conditions so provide.
Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Distinctly British Ltd's liability to you for any death or personal injury resulting from its negligence.
8. Force Majeure
Distinctly British Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to the goods delivered that is caused by any event or circumstance beyond its reasonable control.
9. Colour Accuracy
We have made every effort to display as accurately as possible the colours of the products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
If any part of these conditions is unenforceable (including any provision in which Distinctly British Ltd excludes its liability to you) the enforceability of any other part of these terms will not be affected.
11. Governing Law
This agreement is subject to English law and shall be interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
12. Entire Agreement
These terms and conditions, together with the current prices displayed on Distinctly British Ltd Web site, individual store delivery details and Distinctly British Ltd contact details, set out the whole of the agreement relating to the supply of the goods to you by Distinctly British Ltd.. These terms and conditions cannot be varied except in writing signed by a director of Distinctly British Ltd. In particular nothing said by any sales person or authorised representation on behalf of Distinctly British Ltd should be understood as a variation of these terms and conditions about the nature or quality of any goods offered for sale by Distinctly British Ltd.
Distinctly British Ltd shall have no liability for any such representation being untrue or misleading nor for any statement made by any store or in any store's literature or terms and conditions. Nothing in this agreement shall form a contract of sale between you and Distinctly British Ltd. Nothing in this agreement is intended to, nor shall it, create any enforceable right of a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.This site is owned by [XXX Your Company Name] (hereafter THE MERCHANT) and registered in England, Registration No. [XXX Your Business Registration Number], with registered address at [XXX Your Registered Company Address] (hereafter THE MERCHANT ADDRESS), and email address at [XXX Your Contact Email Address].
Any purchase of goods from the site [XXX Your Domain Name] (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. Product Information
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual. Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. Loss or Damage in Transit
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.Delivery Errors
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order. Warranty
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold. Right to Withdrawal
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.Right of Use
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
The use of any trademarks, logos or brands present on the site is strictly forbidden.Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks. Partial Invalidity
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.