Terms and Conditions
Effective date: May 08, 2018
1.1 "Buyer" means the individual or organisation who
buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller
and the Buyer for the sale and purchase of Goods incorporating
these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees
to buy from the Seller;
1.5 "Seller" means Allum Ltd of 15 Semington Turnpike, Semington, Trowbridge, Wiltshire, BA14 6LB that owns and operates Sparklingdirect
1.6 "Terms and Conditions" means the terms and conditions
of sale set out in this agreement and any special terms and conditions
agreed in writing by the Seller;
1.7 "Website" means Sparklingdirect (.co.uk) (.com).
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for
the sale of Goods by the Seller to the Buyer and shall prevail
over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall
be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address
stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and Conditions
and are subject to acceptance by the Seller. The Seller may choose
not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from
stock the Buyer shall be notified and given the option to either
wait until the Goods are available from stock or cancel the order
and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps
the Buyer needs to take to complete the order process are described
in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website.
The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges,
if any, will be displayed in the Buyer’s shopping cart prior
to confirming the order.
4.3 After the order is received the Seller shall confirm by email
the details, description and price for the Goods together with
information on the right to cancel if the Buyer is a Consumer.
4.4 In the case of consumer sales, payment of the price plus
VAT and delivery charges must be made in full before dispatch
of the Goods.
4.5 In the case of other sales, payment of the price plus VAT
and delivery charges shall be due within 30 days of the date of
receipt of the invoice supplied by the Seller.
4.6 Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment
at a rate of 5.00% above the base rate of the Bank of England
from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices
on the Website, which cannot be guaranteed for any period of time.
The Seller shall make every effort to ensure prices are correct
at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from
the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare that
they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled
to order certain Goods, the Seller shall be entitled to cancel
the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch
correspond to the description given by the Seller. Except where
the Buyer is dealing as a Consumer, all other warranties, conditions,
or terms relating to fitness for purpose, merchantability or condition
of the Goods, whether implied by Statute, common law or otherwise
are excluded, and the Buyer is satisfied as to the suitability
of the Goods for the Buyer’s purpose.
8.1 Goods supplied within the UK will normally be delivered Next
working day of acceptance of orders placed before 3pm GMT.
8.2 Goods supplied outside the UK will normally be delivered
within 7 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where
this delivery date cannot be met, the Buyer will be notified and
given the opportunity to agree a new delivery date or receive
a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any
date agreed for delivery. In any event time of delivery shall
not be of the essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the Buyer or any
third party arising directly or indirectly out of any failure
to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s
address specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered
8.6 Title and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller Telephone 0800 587 3451 or by email
[email protected] within 14 working days of delivery if
the Goods are damaged or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer shall be deemed to have
accepted the Goods. We allow a further 7 days for the return of the goods.
9.2 Where a claim of defect or damage is made the Seller shall
be responsible for the recovery of the Goods from the Buyer. The
Buyer shall be entitled to a full refund (including delivery costs)
if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to
your other rights, to cancel the Contract and receive a refund
by informing the Seller Telephone 0800 587 3451 or by email [email protected]
within 14 working days of receipt of the Goods. The right to cancel
does not apply to contracts for the supply of software, audio
or visual recordings if these have been unsealed by the Consumer. We allow a further 7 days for the return of the goods.
9.4 Goods must be returned by the Buyer at the Buyer’s
expense and should be adequately insured during the return journey.
The Buyer will receive a refund of all monies paid for the Goods
(including delivery charges, if any) except for return postal
charges within 30 days of cancellation. If the Buyer fails to
return the Goods following cancellation, the Seller shall be entitled
to deduct the cost of recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained
from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer’s
fault the Buyer will be liable for the cost of remedying such
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing
as a Consumer, in the event of any breach of these Terms and Conditions
by the Seller the remedies of the Buyer shall be limited to damages
which shall in no circumstances exceed the Price of the Goods
and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal injury resulting
from the negligence of the Seller or that of the Seller’s
agents or employees.
No waiver by the Seller (whether express or implied) in enforcing
any of its rights under this contract shall prejudice its rights
to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but
not limited to acts of God, strikes, lock outs, accidents, war,
fire, failure of any communications, telecommunications or computer
system, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the Seller
shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction such provision shall be severed and
the remainder of the provisions hereof shall continue in full
force and effect as if these Terms and Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions
at any time but this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby submit
to the exclusive jurisdiction of the English courts.