Terms and Conditions
This page details our website Terms and Conditions of Purchase and our Terms and Conditions of Use.
Terms and Conditions of Purchase
- INFORMATION ABOUT US
This site is operated by and the goods you purchase will be supplied by Hofmeister Enterprises Limited (“we”). We are registered in England and Wales under company number 10141475 and with our registered office at 285-293 Dorking High Street, Surrey, England, RH4 1RL. You can contact us by e-mail at firstname.lastname@example.org or by telephone on +44 (0) 1293 310 017 (standard mobile network rates will apply) or use the contact form on the website.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- YOUR PERSONAL INFORMATION
You must be aged 18 or older to buy alcohol. By placing an order with us online you are confirming you are aged 18 or older. It is an offence to sell alcohol to anyone under the age of 18 in the UK.
If you are buying alcohol for someone else the recipient must also be aged 18 or older. If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID. We reserve the right to cancel the delivery if the age and identity of the recipient is in doubt.
We will acknowledge receipt of your order by sending you an automatically generated e-mail accepting your order. The contract will be concluded upon final delivery of the goods.
The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct.
If the details in the e-mail confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at email@example.com
The contractual language is English.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
- PRICE AND DELIVERY COSTS
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur, and goods may be incorrectly priced. In these circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
- AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We deliver within the United Kingdom only.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
Delivery will be made according to the information on the product pages after your order is accepted.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 7 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control, we may not be able to deliver the goods within these timescales, and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by unforeseen circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods can be made by one of the following payment methods:
- Credit card
- Debit card
- RIGHT TO CANCEL
You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery. This 14-day period begins on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14-day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you.
To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail, fax or e-mail using the contact details set out above. Please notify us of the problem at the time of cancellation.
You must send the goods back to us at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days after the day of the cancellation.
- REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will not refund any standard delivery charges paid (unless we delivered the item to you in error or the item is damaged or defective). We will pay the refund within 14 days after the day:
- You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,
- We receive the goods you returned to us, where you are in receipt of the goods.
We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods. Without limiting your cancellation rights in Clause 8, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us.
Once we have confirmed the product defect or other problem, we will:
- Provide a full refund for any product that is not what you ordered;
- Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
- At your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
- CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
- We have insufficient stock to deliver the goods you have ordered;
- The incorrect delivery zone was selected, and any additional charge was not paid;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract, we will notify you by e-mail and will recredit to your account any sum deducted by us from your credit or debit card as soon as possible.
- TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you, they will be held at your own risk and you will be responsible for them.
To the extent not prohibited by law, we accept no liability for any:
- Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- Loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption)
Nothing in these terms will affect any liability we may have:
- for fraudulent misrepresentation;
- for death or personal injury arising from our negligence:
- under Part I of the Consumer Protection Act 1987;
- or breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
12. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, pandemic, epidemic, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Website Use – Terms and Conditions
This website (“Website”) is offered as a free service to you.
If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Website. We may change these terms from time to time and so you should check these terms regularly. Your continued use of the Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Website.
- The information that is made available on this Website is intended for general information purposes only and is provided on an ‘as is’ basis without any warranties of any kind. You acknowledge that such information and materials may contain inaccuracies or errors.
- This Website is owned by Hofmeister Enterprises Limited (“Hofmeister”) and is protected by copyright and database rights. Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- You acknowledge that all trade marks (registered or unregistered) used in providing this service shall remain the property of Hofmeister at all times. You shall not copy, adapt, exploit or otherwise use the information contained on this Website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal, provided that you do not delete any copyright and other proprietary notices contained therein.
- We may make improvements or changes to the products, services and prices detailed on this Website at any time without notice.
- Content and information provided by third parties other than Hofmeister is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
- Hofmeister is not responsible for the availability or content of any third party sites that are accessible through the Website. Any links to third party websites from the Website are provided for convenience only and do not amount to any endorsement of that site by Hofmeister and any use of that site by you is at your own risk.
- Whilst we retain the right to establish any hypertext links* between this Website and any third party website at our discretion, you agree that you will not create any hypertext links or deep links** between this Website and any third party site without our express written consent.
- If you choose to use such a link as detailed in clause 7 then you will leave this Website. Once you leave this Website, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury of financial loss of any kind.
- You agree that you will not use this Website to:
- Commit or encourage any criminal offence, including but not limited to harming a minor in any way and stalking or harassing another;
- Send or receive any material which is offensive, or which may be abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights. In the event we believe any material falls within any or all of these categories we shall be entitled to remove it;
- Collect or store personal data about other users;
- Insert or knowingly or recklessly transmit or distribute a virus, worm, trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this Website;
- Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking;
- Hack into any aspect of this Website;
- Upload, post, e-mail or otherwise transmit links to any content that infringes the intellectual property rights of any third party;
- Circumvent, or attempt to seek to circumvent, any of the security safeguards of this Website;
- Cause annoyance to other people accessing this Website;
- Send any unsolicited advertising or other promotional material, commonly referred to as ‘spam’, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation by email or by any other electronic means;
- Send e-mail or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
- Permit any third party to do any of the above
- While we try and ensure that all information on this Website is accurate and up to date, errors may occur and we accept no liability for such errors. If we discover an error we will amend the Website as soon as reasonably possible.
- We neither warrant nor represent that your use of this Website will not infringe the rights of third parties.
- You have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with this Website and will not make a claim against Hofmeister for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of such materials.
- We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
- Hofmeister reserves the right to refuse access to this Website or any component of it. Hofmeister may at any time, at the discretion of the site’s management, refuse access to certain areas of this Website to any individual it chooses – this refusal of access may take whatever form the management deem suitable.
- These terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts. If you have any queries regarding this Website or the information contained on it, please contact the website administrator by telephone on +44 (0) 1293 310 017.
- This site is controlled and operated by Hofmeister from the United Kingdom.
Hofmeister makes no representations that materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No material from this Website may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to UK exporting restrictions/legal or socio-economic sanctions.
- To the extent that any part of these conditions of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
- The failure or delay of Hofmeister to exercise or enforce any right in these terms does not waive Hofmeister’s right to enforce that right.
285 – 293 High Street
Telephone: +44 (0) 1293 310 017
*Hypertext links are a means by which visitors can skip from one website to another or from one page to another within the same site.
**A deep link is like a hypertext link but takes the visitors into the website bypassing the homepage on the third party website.