A P Claxton Ltd (the “Company”) - Terms and conditions of Business and the use of the Company’s website - www.claxtonsspirits.com
1.1 Your access to and use of the Company’s website (www.claxtonsspirits.com) and its contents (hereafter referred to as ‘the Content’) is subject exclusively to these Terms and Conditions. You will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. By accessing the Content on the claxtonsspirits.com website with a view to using the Content or purchasing a Product (any goods displayed on the website for general sale) or registering an interest in a Service (any event provided by the Company at any location) you fully accept these Terms and Conditions in full and without reservation. If you do not accept these Terms and Conditions you must immediately stop using the website and its Content.
1.2 AP Claxton Ltd shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any content without notice.
1.3 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Content following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
1.4 Although AP CLaxton Ltd aims to offer you the best service possible, claxtonsspirits.com is provided on an “as is” and “as available” basis. AP Claxton Ltd cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at email@example.com and we will attempt to correct the fault as soon as we reasonably can.
8.2 Your access to the claxtonsspirits.com website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. AP Claxton Ltd will attempt to restore the service as soon as it reasonably can.
2. Purchase of the Company’s Products and Services - Consumers
2.1 In the UK it is illegal for any person under the age of 18 years to buy or attempt to buy any alcohol containing Products, or for any adult over the age of 18 to buy or attempt to buy any alcoholic Product for any person under the age of 18.
2.2 You may only purchase alcoholic Products from the Company via this website if you are at least 18 years old, not buying the Product for any person under the age of 18, or are of the legal age to purchase alcoholic Products both in the country where you place the order, and in the destination country.
2.3 By placing an order for any Product with us you are confirming to us that it is legal for you to place the order in the country where you place the order, and for the recipient to receive the order in the destination country.
2.2 By electing to use any of the Services provided by the Company through the claxtonsspirits.com website, you confirm that you are of at least the minimum legal age in your own country to use those Services, and that you accept and agree to all the terms and conditions of Business and use of the website.
2.3 The above terms apply to Consumers (private individuals). If you are a Trade Customer (i.e. purchasing goods from us in connection with your own business) you should contact us directly by telephone on 01765 608774 or at firstname.lastname@example.org to discuss your requirements and our Trade Customer terms of business. If you proceed to order goods through this website you are deemed to be a Consumer and not acting as a Trade Customer in connection with your business, and that you agree to all these Terms and Conditions of Business.
3. The Products
3.1 We use the term ‘Product’ to mean all items that may be purchased through this website, or directly from the Company.
3.2 The images of each Product shown on our website are for illustration purposes only. Every effort is made to display images of Products accurately, but as different computers may display the images differently we cannot guarantee the accuracy of the images displayed on our website.
3.3 The tasting notes displayed for each Product are provided by our own Tasting Team. Because taste is a purely subjective sensory experience, we cannot guarantee that same taste experience for our products for each individual, and therefore the tasting notes do not form a contractual part of the description of the Product.
3.4 All sizes, weights, capacities, dimensions and measurements shown in the descriptions of products are subject to small tolerances allowable by the current applicable regulations in the UK and the EU.
3.5 Many of our Products are exclusive limited editions and are subject to availability. We will update the description of a Product and remove it from display as soon as practical after it becomes sold out. If you wish to purchase a particular Product which has sold out you may contact the Company through the website Contact page, to enquire about future stocks or similar recommended Products.
3.6 Occasionally we may offer “pre-sale”, “exclusive” or “special price” Products on the Company’s website. If the Company is unable to supply the Product ordered due to insufficient supplies of that Product, we will refund any payments you have made for that Product in full including postage, or we may offer you suitable alternatives, at our discretion..
4. Prices and Payments
4.1 In the unlikely event that the price of a Product is changed on the website, the price displayed at the time you place your order is the price you will be charged. If a price is increased after you place your order you will not be charged the increase in price, and if a price is decreased after you place your order you will not receive a refund of the reduction in price.
4.2 The prices displayed for the Products does not include delivery postage and packing charges. The cost of delivery will be clearly displayed during the check-out process, before you confirm your order. To check Delivery charges please refer to our Delivery Charges page.
4.3 All prices displayed on the claxtonsspirits.com website are in GBP. All payments for orders must be made in Great British Pounds (Pounds Sterling) in advance, to the correct amount as displayed for the Products and Delivery charges in GBP. Any prices shown in other currencies are indicative only and are subject to daily changes in currency Exchange Rates, and any additional charges levied by your card company or by PayPal.
4.4 The available Payment methods will displayed during the Payment stage of the check-out process.
4.5 To ensure the correct and legal use of your credit or debit cards we may require validation of identity to confirm that you are the person named on the card, via third party databases. By accepting these Terms you consent to such checks as may be necessary to prevent fraudulent use of the cards.
5. Your Consumer Rights
5.1 As a Consumer you are protected by The Consumer Rights Act 2015, which requires that any Product offered for sale through the claxtonsspirits.com website is (i) as described, (ii) is fit for purpose and (iii) is of satisfactory quality.
5.2 You are advised to examine the Product carefully on receipt for any defects or discrepancies and to notify us within 48 hours of receipt of any concerns you may have about the Product. If any Product fails to meet any of the above three requirements, or if the wrong Product has been supplied to you, you may request a full refund, within 30 days of purchase, by contacting us directly by telephone or through the website contact page, provided that:
You notify us of your intention to return the Product for a full refund giving the reasons within 30 days of purchase of the Product
You return the Product to us complete with any packaging supplied with it at your own cost
The Product is not damaged in any material way other than any damage sustained during delivery that has been notified to us within 48 hours of acceptance of delivery
The product has not been used in any way, and any seals provided for consumer health protection purposes are intact and not broken in any way
5.3 We will refund your payment in full, including postage, within 48 hours of receiving the returned Product in a satisfactory condition. Any refund we make to you is expressly on the condition that you return the Product to us in good condition, as above in 5.2.
5.4 If on receipt of the Product we discover that the goods are damaged, or have been used in any way that renders them unsaleable (e.g. the health protection seal has been removed or damage has been caused during the return of the Product by your carrier), such that the value of the Product is reduced, we reserve the right to reduce the amount of refund (potentially to £zero), to reflect the reduction in the value of the Product(s), not including postage and packing costs.
5.5 We reserve the right to refuse an order or to decline to deliver any Product where we suspect, using our best discretion, that the Consumer is attempting to obtain the Products by fraudulent means, or to otherwise break legal restrictions relating to the Product.
6. International Delivery Destinations
6.1 Where we may deliver Products to International Delivery Destinations, your order may be subject to certain restrictions and there may be import duties and taxes and other administrative charges levied by that Destination’s Customs Authorities.
6.2 We have no control over such restrictions and charges, and it is your responsibility as purchaser to check with the Customs Office of the Delivery Destination, before placing your order on the claxtonsspirit.com website, to ensure that you are aware of any import restrictions on the Product, and any duties, taxes and other charges applicable to the Product.
6.3 You will be responsible as the Purchaser to pay any import duties, taxes and other charges applicable to the Product.
7. EU and Non-EU customers
7.1 These Terms of business apply equally to EU and non-EU customers including refunds, with the following exceptions, that we will reduce the value of the refund for a returned Product
to reflect any reduction in value of the Product caused by the Customer handling the Product in any inappropriate way which would not be permitted in a shop offering similar Products,
if the health protection seal has been removed or damaged in any way
due to any damage sustained during return of the Product to us.
7.2 We will not refund any import duties, taxes or other administrative charges charged by the Destination country.
9.1 In no event will AP CLaxton Ltd be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account or post as someone else or on behalf of someone else at any time.
10. Intellectual Property Rights
10.1 The website and its Content (including without limitation the Content design, text, graphics and all software and source codes connected with the Content and the Services) are protected by copyright, trademarks and other intellectual property rights and laws and are the sole property of AP Claxtons Ltd.
10.2 In accessing the Content you agree that you will access the Contents solely for your personal use, or in connection with your commercial trade exclusively with the Company. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder (the Company). This excludes the downloading, copying and/or printing of pages of the Content for personal use, or for your commercial trade exclusively with the Company, with the Company’s permission only.
10.3 AP Claxton Ltd does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such materials at any time, without notification.
11.1 The claxtonsspirits.com website is provided by AP Claxton Ltd without any warranties or guarantees. You must bear the risks associated with use of the Internet.
11.2 In particular, we disclaim all liabilities in connection with the following:
· incompatibility of the claxtonsspirits.com website with any of your equipment, software or telecommunications links
· technical problems including errors or interruptions of the claxtonsspirits.com website
· unsuitability, unreliability or inaccuracy of the claxtonsspirits.com website
· inadequacy of the claxtonsspirits.com website to meet your requirements
11.3 Nothing in these Terms and Conditions shall exclude AP Claxton Ltd from liability for personal injury or death caused by its negligence.
11.4 The Content may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that AP Claxton Ltd is not responsible for the content or availability of any such websites.
12. Acceptable Use
12.1 You warrant and undertake to us that you will use your best endeavours to ensure that the any material originating from you and your use of the Content is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of us:
· defamatory, offensive, indecent or of an obscene or menacing character; or
· likely to cause annoyance, inconvenience or anxiety to any person; or
· likely to breach any copyright or confidentiality or privacy or other intellectual property of any person; or
· fraudulent or connected in any way with the committal or possible committal of a criminal offence; or
· material of a racial or sexually discriminatory nature; or
· “spam” mail; or
· material that contains a mail bomb or a Trojan horse; or
· material that contains viruses or worms other disruptive programs or devices; or
· in breach of these terms and conditions of use.
12.2 Except as expressly permitted by these terms and conditions, You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of this site. In particular, you may not cache any of the contents for access by third parties nor mirror any content.
12.3 You may only download, use, reproduce and print materials appearing on this site for your own personal use,or your commercial trade with the Company, expressly with the Company’s permission in writing.
13.1 These Terms and Conditions, and any Contract resulting from the purchase of Products displayed on this website shall be governed by and interpreted in accordance with English law. If any part of these Terms and Conditions is invalid, illegal or unenforceable under English Law (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
13.2 This website, “claxtonsspirits.com” is operated by AP CLaxton Ltd, Administration office, The Racecourse, Boroughbridge Road, Ripon, North Yorkshire HG4 1UG.