Terms & Conditions
LAST UPDATED: December, 2018
These terms and conditions ("Terms and Conditions") apply to all orders for items which you, acting in your individual capacity as a consumer ("you") place with us, Sazerac UK Limited, trading as Hi Spirits, ("we" "us" or "our") on-line using the website which we operate from the URL https://southerncomfortstore.co.uk and other URLS from time to time ("Website").
For legal reasons we can only sell items via this Website to individuals aged 18 or over. If you are under 18 you must involve a parent or guardian when placing orders on-line using the Website.
This Website is for use only by individuals who access it from within the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man. If you choose to access the Website from locations outside these territories, you are responsible for compliance with local laws if and to the extent they apply.
Customers placing orders for deliveries outside of the UK should note our specific terms and conditions for International Deliveries and Returns.
We are an English registered company and this Website and the information and marketing materials contained on it are provided in the English language only. If you do not understand all or any part of these Terms and Conditions, you may not place orders using this Website.
ACCEPTING THESE TERMS AND CONDITIONS
Before placing your order, please read carefully these Terms and Conditions. You accept and agree to be bound by these Terms and Conditions when, in the case of on-line orders, you click the "accept" button.
Nothing in these Terms and Conditions impinges on your statutory rights either as a consumer or otherwise.
DELIVERY OPTIONS & CHARGES
UK, INTERNATIONAL AND CHANNEL ISLAND DELIVERY CHARGES AND TIMES (NORMAL TRADING PERIODS)
Delivery Times and Info
UK Standard Delivery
All in-stock items will be shipped to you within 3 to 5 working days, during busy periods delivery maybe a little longer. Delivery times are any time during the day up to around 6:00pm GMT.
UK Express Delivery
All in-stock items will be shipped to you within 1 to 2 working days. Orders placed before 11.00am GMT will be delivered on the next working day. Orders placed after this time will be delivered on the day after the next working day. Delivery times are any time during the day up to around 6:00pm GMT.
Delivery to Channel Islands
All in-stock items will be shipped to you within 5 to 7 working days, during busy periods delivery maybe a little longer.
All in-stock items will be shipped to you within 5 to 7 working days, during busy periods delivery maybe a little longer.
INTERNATIONAL DELIVERIES AND RETURNS
Please note that the value of goods ordered is inclusive of VAT where applicable and we cannot refund any VAT charges.
Products delivered to destinations outside the EU may be subject to import taxes, fees, levies or other charges which are the sole responsibility of the purchaser, or the recipient of the purchase if different.
It is your responsibility as purchaser and importer that any products ordered comply with local import regulations and that there are no restrictions which may affect receipt of your order.
We strongly recommend that purchasers establish the likely charges applicable in the country of destination before placing an order. Please ensure the recipient is aware that they will be liable for those charges.
If an item you have purchased is unsatisfactory, you can return it within 1 month of receipt for refund of the cost of your goods, following the instructions enclosed with your order
The goods are sent to us at your own cost and risk and we therefore recommend you choose a registered or trackable postal service. We are not liable for returned goods which are not received. Items must be returned in perfect condition.
In the rare event that the goods you receive are faulty or not as ordered, please contact us to arrange replacement or reimbursement.
International Order Cancellations
An EU customer has the right to cancel an order provided that you notify us in writing no later than 14 working days after the day on which you receive the goods.
This legal right does not apply to non-EU customers. In this case. customers should follow the International Returns process for reimbursement.
If you are unsatisfied with your purchase, you are welcome to return any items ordered within 1 month, beginning the day your parcel is received. Items must be returned unused, in perfect condition and in the original packaging. Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for packages damaged during transit back to us. It is your responsibility to wrap items adequately to prevent damage.
Refunds will be processed within 14 days of receipt into our distribution centre. Please note that it may take up to 5 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process. Refunds will be processed in the original currency in which the purchase was made.
All refunds will be made in the currency used for the original purchase.
We treat your right to privacy very seriously. We have set out all you need to know about how we protect any information you provide when communicating with us, including when you visit our Website, in our Fair Processing Notice.
COLOURS, SIZES AND SPECIFICATIONS
We make every effort to display the colours, sizes and specifications of items available on the Website as accurately as possible. The colours you see will however depend on the resolution of your monitor. We cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the sizes and specifications of items displayed on our Website without prior notice. We cannot guarantee that a particular colour, size or specification of an item will be available. A member of our team will contact you if the item you have ordered is no longer available.
When you order items on-line for the first time you will need to register with us by setting up an account. This is for security reasons. It also avoids you having to re-enter your details when you place subsequent orders. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else or are being or are likely to be used in an unauthorised way.
Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address).
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order it will be without charge to you.
We accept payment online in Pounds Sterling (£GBP) only.
Prices displayed on the Website include United Kingdom Value Added Tax (VAT) which will be charged at the current rate as shown on the on-line order form. Delivery and packaging is charged extra unless otherwise stated. Details of our delivery charges can be found in the Delivery section of these Terms and Conditions.
If you choose to purchase items from us online using a payment card for a foreign currency denominated account, the exchange rate will be that applied by the relevant payment scheme at the time of processing the transaction.
Although we try to ensure that all prices on the Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
We reserve the right to update prices displayed on the Website from time to time.
THE CONTRACT BETWEEN US
When you place an order to purchase items using the Website, is an offer by you to us to purchase those items. We only accept your order when we have confirmed availability and have processed the payment on your debit or credit card successfully. The contract between us is formed at the point we accept your order. If an item within your order is not available we will contact you. Where possible we may offer you a substitute item.
We acknowledge receipt of orders which you submit using the Website by sending you an email summarising the details of your order. We accept your order for an item when we send you an e-mail confirming that we have dispatched the items in your order. For orders placed on-line using this Website the contract between us is formed at the point we send you an email confirming that your items have been dispatched. If your order contained a number of items and the email mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract.
We accept orders for items subject to availability. If for any reason the items you ordered are no longer available we will cancel the item from your order and where payment has already been deducted from your account, give you a full refund in respect of that item.
You may pay for your order by supplying your credit or debit card details. In the case of on-line orders you supply these details in the secure on-line order form.
Receipt of your credit or debit card details and debit of payments does not constitute our acceptance of your order. Acceptance of your order occurs in the case of on-line orders when we send you the dispatch email. You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the dispatch email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.
Please note that we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email.
Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
RISK AND TITLE
Risk in the items will pass at the time the items are delivered. Ownership of items delivered will only pass when we receive payment in full of all sums due in respect of the items (including packing and delivery costs). If we do not receive payment in full we may, without prior notice, claim from you any items that have been delivered.
Under the distance selling regulations you have the legal right to cancel your order within 14 working days of receipt of the goods.
If you are unable to return the goods to us before the 14 day period has expired you need to notify us of your intention to cancel, this must still be within the 14 day period.
FAULTY OR DAMAGED ITEMS
If the items you ordered are damaged or faulty upon receipt, provided you inform our team within 30 days of receiving the items (supplying them with the order details shown on the delivery documentation together with details of the damage or fault) we will send replacements or offer you a refund. We ask that you return the damaged or faulty items to us by registered post - we will reimburse the reasonable costs you incur in doing so (we ask that you send us copies of the supporting receipts). Refunds will be credited to your payment card.
PRIVACY AND COMMUNICATIONS
When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Fair Processing Notice. To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing.
We will be responsible for any losses you suffer as a direct result of us breaching these Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract between us for the sale of items was formed. We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
ALTERATIONS TO THIS WEBSITE AND TERMS & CONDITIONS
We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Fair Processing Notice and such other policies as we may notify you from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.