Terms and Conditions for Sale of Products to Consumers
These are the terms on which Vendit Harrow Ltd T/A Drinkworks do business. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights.
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Contracts’ mean any contracts made between the Company and the Customer for performance of the Services which shall include (but not be limited to) contracts entered into between the Parties arising from Orders.
1.2 ‘Products’ mean any product, article or item which the Company sells (including part or parts of it).
1.3 ‘Order’ means any Order (whether oral and written) for Products made by you to the Company including those made through the Website.
1.4 ‘Parties’ mean the Company and you.
1.5 ‘Website’ means www.drink-works.co.uk or such variations to the name of the aforesaid domain name.
1.6 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.7 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the construction of these Conditions.
2. Terms of Acceptance
2.1 A Contract is formed between you and the Company when (and not before) the Company notifies you by e-mail, fax, letter and/or electronically that your Order has been accepted. Your Order will not be accepted until the Company receives authorisation of your credit card payment [or your cheque has been cleared. The Company reserve the right not to accept any Order.
2.2 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
2.3 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between the Company and you are transacted and processed unless otherwise agreed in writing by a manager of the Company.
3. Price and Payment
3.1 The price of the ordered Products shall be as set out on the Drinkworks Website, quotation and/or price catalogue and includes postage, packing and value added tax (if applicable). Unless otherwise agreed by us, all payments made by cheque must be in pounds Sterling. For your own protection, please do not send payment in cash.
3.2 Where Orders are made through the Website, the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo and Pay Pal.
3.3 No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
4. Delivery and Installation of Products
4.1 An Order may be made through:
(1) the Website;
(2) telephone on 020 84291314 (between the hours of 9am to 5pm from Monday – Friday); or
(3) post addressed to: Drinkworks, 4 Sperrin Business Centre, Stonefield Way, Ruislip, HA4 OBG.
4.2 Where an Order is made through the Website the ordered Products will be delivered to the address entered by you on the on-line order form
4.3 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; (3) the location where the Products are to be delivered; and (4) whether you require the Company to install the Products (for details and for the terms and conditions in respect of the installation process please click on the Company’s Terms and Conditions for Services found at www.drink-works.co.uk) Where an Order is placed orally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and you shall not dispute the correctness of the same.
4.4 If the Company fails to despatch any ordered Products within 30 days of acceptance of your Order, the Company shall refund in full your payment in respect of such Products.
4.5 You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of first attempted delivery by the Company.
5. Loss and Damage
5.1 The Company warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website or the Company’s catalogue (as the case may be), will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be circumstances where the Company is unable to supply Products as shown or described on the Website or the Company’s catalogue in which case the Company may, but shall not be obliged to, despatch alternative Products to you (but so that the Products des patched will always be of a comparable or superior quality). In such case you shall be entitled to reject such Products, return them to the Company at the Company’s cost and receive a full refund from the Company. All other warranties are excluded to the fullest extent permitted by law.
5.2 Any claim by you that any Products ordered fail to correspond with the description on the Website or the Company’s catalogue or that they are defective or not of satisfactory quality, must be notified to the Company by [e-mail or letter] within a reasonable time from the date of delivery. If delivery is not refused, or you do not notify the Company accordingly, the Company shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
5.3 If you make a valid claim under paragraphs 5.1 and/or 5.2, the Company shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products but the Company shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the Products in question having been returned to us unused and undamaged within a reasonable time.
6. Limitation of Liability
6.1 The Company does not excluded liability in the case of death or personal injury caused by the Company’s negligence.
6.2 The Company will use its reasonable endeavours to pass on any manufacturer’s warranty to you.
6.3 The Company shall not be liable for any fault or defect in respect of the Products if:
6.3.1 such fault or defect arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or
6.3.2 such fault or defect was the result of unauthorised modification of the Products without the written consent of the Company.
6.4 Subject to paragraph 6.1, to the fullest extent permitted by law, the Company’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
6.4.1 in respect of matters for which the Company does not carry insurance, the price of the Products; and
6.4.2 in respect of matters for which the Company carries insurance, the insured value.
6.5 Subject to paragraph 6.1, to the fullest extent permitted by law, the Company shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
6.6 The provisions of this paragraph 6 shall survive the termination of these Conditions and/or Contracts.
6.7 The exclusions and limitations of liability set out in this paragraph 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 6.
7. Returns Policy
shipping & returns information
Standard Delivery (UK)
We offer standard delivery within 1-4 working days to the areas we operate in.
- Please note that signatures may be required upon delivery. If you are not going to be in, please contact us and we will try our best to rearrange a new delivery date for you. If you don’t expect to be at the delivery address given in your order, please let us know an alternative address. If you’re using a work address, please include your company name and your full name in the delivery address.
- We use a variety of trusted couriers to deliver our orders. We’ll always aim to ensure that your parcel arrives safely and on time, and take care to ensure that it’s well packaged. We use recycled packaging and/or biodegradable materials wherever possible.
7.2 Extra charges
A surcharge will be added for failed deliveries due to customers not being available to accept delivery.
7.3 Returns and Cancellations
Unwanted or incorrect items
If the goods are lost or damaged in transit, please let us know promptly. The customer has the right to cancel an order within 7 working days of purchase. Upon choosing to cancel an order, goods must be returned to Drinkworks at the customer’s expense and will be subject to a restocking fee. Once the goods have been returned, Drinkworks will inspect the goods in accordance with the following:
- The goods are brand new and are unused and/or undamaged
- The goods are in original packaging and in reasonable, resalable condition
- Returning goods have been received within 14 days since the return was agreed and accepted by Drinkworks.
- Goods will be refunded at purchase price minus necessary transportation costs and restocking fee
- Any water cooler, drinking water fountain, bottle filling station, under sink chiller or tap to be returned should not have been used in any way or exposed to a water supply
- Any water cooler, drinking water fountain, bottle filling station, under sink chiller or tap returned with damage or marks are non-refundable
7.4 Faulty or damaged items
If goods are found to be faulty or damaged upon arrival, customers must report this to Drinkworks. Drinkworks will arrange for collection of goods as soon as reasonably possible. On receipt of returning goods, they will be inspected to confirm the fault. Once the fault has been confirmed Drinkworks will replace the goods or refund the purchase price of the goods. If goods are not found to be faulty, they will be returned to the customer, at their cost. If they are unwanted the terms will be as previously stated in the “Unwanted or incorrect items” section.
Changes to these terms
We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
8. Support Service
8.1 Subject to the terms and conditions detailed in the Terms and Conditions for Services (see www.drink-works.co.uk), as part of the Company’s excellent customer support service, the Company will on a reasonable endeavours basis:
8.1.1 contact you once every 6 months to ensure that the Products purchased are functioning properly; and
8.1.2 as the filter in the Products will need to be replaced once in every 6 months, the Company shall provide you with timely reminders of the need to replace such filter.
8.2 For the avoidance of doubt, the customer service provided under this Clause 8 shall be performed in accordance with the Company’s Terms and Conditions for Services which may be found at www.drink-works.co.uk.
Any communication between the Parties shall be by e-mail or first-class post to each party’s current e-mail or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to the Company).
10. Amendments to this Condition
The Company reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those which you accepted when you placed your Order.
11. Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with UK law and the UK Courts shall have jurisdiction.
Our Location: 4 Sperrin Business Centre, Stonefield Way, Ruislip, HA4 OBG
Phone: 0208 4291314
Business Hours: Monday-Friday 9:00am to 17:00