Terms and Conditions
Returns and Refunds Policy
If you want to return a product, you can find our returns and refunds policy in paragraphs 6.8 to 6.12 of these Terms of Business and our cancellation policy in paragraphs 7.5 to 7.7. Returns and refunds policy for non-EU customer can be found in paragraphs 13.1 to 13.6.
The terms set out on this page apply only if you are a CONSUMER. They do not apply if you are acting as a trade customer.
We use the expression a Product on this page to refer to all of the products which you buy from us in any given order, whether you are buying a single product or multiple products.
These Terms will apply to every contract between us for the sale of a Product to you, whether that Contract is finalised using our website, over the telephone, through e-mail or other written correspondence or otherwise, and wherever in the world you reside and/or place the order.
Please read these Terms carefully and make sure that you understand them before you place an order for any Product. Please note that when you place an order using our website you will be asked to agree to these Terms and to the Other Website Terms. If you refuse to accept these Terms and the Other Website Terms, you will not be able to order any Product from our website.
There are specific terms which apply to customers located outside of the European Union. These specific terms are set out in paragraph 13. If you are located outside of the European Union, please read these additional terms carefully.
We amend these Terms from time to time as set out in paragraph 5 below. Every time you wish to order a Product, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 03 April 2019, when we made a small number of changes to the terms.
A summary of your key legal rights as a consumer in relation to the Product is set out in the box below. Paragraph 2 below includes information about changes to Products which may be made from time to time.
Summary of your key legal rights
The Consumer Rights Act 2015 requires that any Product which you order from us must be as described, that it must be fit for purpose and that it must be of satisfactory quality. During the expected life of a Product which you order your legal rights entitle you to the following:
up to 30 days: if your Product is faulty, then you can get a refund if you return the Product to us;
up to six months: if your Product is faulty and cannot be replaced, then you’re entitled to a full refund in most cases if you return the Product to us; and
up to six years: if the Product can be expected to last up to six years but develops a fault before then, you may be entitled to a replacement if you return the Product to us or, in circumstances where that is not available, some of your money back.
This is a basic summary of your key legal rights. These rights are subject to certain exceptions. For detailed, independent advice about your legal rights (in the United Kingdom) please refer to the Citizens Advice website: adviceguide.org.uk.
Consumer Terms of Business
Information about us
1.1 We operate the website www.spitfireheritagedistillers.com. We are Spitfire Heritage Distillers Limited, a company registered in England and Wales under company number 10060538 having its registered office and main trading address at Meadow View, Meadow Lane, Mawdesley, Lancashire, L40 2QA . We are registered for VAT and our VAT number is GB 237 8685 59
1.2 Contacting us:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in paragraph 6 below (for example, if a Product is faulty, or if you simply change your mind), you just need to let us know that you have decided to cancel.
1.2.2 You can let us know that you have decided to cancel a Contract by e-mail to email@example.com or message us via our website contact form https://spitfireheritagedistillers.com/contact-us/.
Or call our Customer Services team on 01704 821090 .Whatever method of cancellation you use:
(a) please include your name and details of your order to help us to identify it;
(b) please explain why you would like to cancel the Contract;
(c) we will contact you to confirm we have received your cancellation; and
(d) your cancellation will be effective from the date you send us notice of cancellation.
1.2.3 If you wish to contact us for any other reason, including because you have a complaint, you can contact our Customer Services humans using the methods set out here.
1.2.4 We record our incoming and outgoing telephone conversations with our customers and other third parties. We do so for the purposes of crime prevention, and in a way which is consistent with guidance issued by the Information Commissioner’s Office. All telephone records will be deleted from our records 6 months after the date of the relevant conversation. We reserve the right to share telephone records with law enforcement agencies, and we may also use those records for training purposes, but will otherwise keep them strictly confidential.
1.2.5 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
The Products and their packaging
2.1 The images of each Product on our website are for illustration purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Product
2.2 The tasting notes on our website are written by us and represent our personal pallet, however spirit drink tasting is entirely subjective and different people will have a different experience of the same product. The tasting notes do not form part of the description of any Product.
2.3 All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next.
2.4 We may change a Product from time to time to reflect changes in applicable laws and regulatory requirements (which may include changes to Product labels to include nutritional information or changes to Product packaging in order to comply with packaging waste requirements, for example). We may also change a Product in order to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the Product.
3.1 In the UK it is illegal for:
3.1.1 any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and
3.1.2 an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.
3.2 You may only purchase an alcoholic Product from us if you are:
3.2.1 at least 18 years old;
3.2.2 not buying that Product for any person or persons under the age of 18; and
3.2.3 of legal age to purchase alcohol both in the country where you place the order and the destination country.
You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a Product, you promise to us that it is lawful for you to order the relevant Product in the country where you place the order and for the recipient to receive the relevant Product in the destination country. If you breach this promise we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.
How the Contract is formed between you and us, including pre-orders
4.1 The pages of our website will guide you through the steps you need to take in order to place an order with us using our website. Our website order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process. If you place an order for a Product over the telephone, through e-mail or other written correspondence or otherwise, our Customer Services humans will guide you through the process.
4.2 We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (and import duties, administration fees and taxes, if applicable) before we re-deliver the Product. Please also refer to paragraph 11.6 below in this regard.
4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraphs 4.4, 4.5 and 4.6 below (in respect of orders for a Product which is highlighted as being available for “pre-order” or “pre-sale” or any similar expression) or 4.7 and 4.8 below (in respect of all other orders).
Products available for “pre-order” or “pre-sale”
4.4 If you order a Product which is highlighted as being available for “pre-order” or “pre-sale” or any similar expression, we will seek to dispatch that Product to you on or before the expected date of dispatch which is listed on our website, but an Event Outside Our Control may delay that dispatch. See paragraph 12 below for our responsibilities when this happens.
4.5 We will take payment for the Product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products which you have ordered have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation. The Dispatch Confirmation will be sent by Spitfire Heritage Distillers Ltd via email.
4.6 If you order a Product which is highlighted as being available for “pre-order” or “pre-sale” or any similar expression:
4.6.1 you may cancel that order at any time before you receive a Dispatch Confirmation. If you choose to cancel your order, we will refund you the full amount (including any delivery costs charged) promptly;
4.6.2 and we later discover that:
(a) we are unable to supply you with that Product, for example because that Product is no longer available because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in paragraph 9 below;
(b) we consider that you are ineligible for an offer of which you have sought to take advantage; or
(c) we elect in our discretion, on the basis of fair use, the discovery of an error or otherwise, to refuse to process your order, we will not send you a Dispatch Confirmation but will inform you and refund the full amount (including any delivery costs charged) promptly; and
4.6.3 you can still return that Product to us after it has been delivered in accordance with paragraph 6 below.
4.7 If you order a Product which is not highlighted as being available for “pre-order” or “pre-sale” or any similar expression, we will confirm our acceptance of your order by sending you an e-mail that confirms that the Products which you have ordered have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Please note that any message which you may receive from any carrier or courier which confirms the delivery of a parcel into its system (or any similar message) is not the Dispatch Confirmation. The Dispatch Confirmation will be sent by Master of Malt directly via email.
4.8.1 we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, because we cannot meet your requested delivery date or because of an error in the price on our website as referred to in paragraph 9 below;
4.8.2 we consider that you are ineligible for an offer of which you have sought to take advantage; or
4.8.3 we elect in our discretion, on the basis of fair use, the discovery of an error or otherwise, to refuse to process your order, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order. If you have already paid for the Product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.
Our right to vary these Terms
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and why.
5.2 Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
5.3.1 changes in relevant laws and regulatory requirements; and
5.3.2 changes in the way that we do business.
Your right of return and refund
If you change your mind
6.1 You have a legal right to cancel any Contract during the period set out in paragraph 6.3 below. This means that if, during the relevant period, you change your mind, you can cancel the Contract and receive a refund.
6.2 Be aware that your right to cancel a Contract if you change your mind does not apply in the case of a Product which is sealed for health protection purposes which you unseal after you receive it.
6.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product or for multiple Products which are dispatched in a single box.
The end date is the end of 14 days after the day on which you receive the Product(s). For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last to be delivered of the Products ordered. For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the last Product on 15 January you may cancel in respect of any (or all) of the Products at any time between 1 January and the end of the day on 29 January.
6.4 You can let us know that you have decided to cancel a Contract by email firstname.lastname@example.org or message us via our website contact form https://spitfireheritagedistillers.com/contact-us/ or telephoning our contact team 01704 821090 Whatever method of cancellation you use:
6.4.1 please include your name and details of your order to help us to identify it;
6.4.2 we will contact you to confirm we have received your cancellation; and
6.4.3 your cancellation will be effective from the date you send us notice of cancellation.
6.5 Except as set out below, if you cancel your Contract because you have changed your mind we will:
6.5.1 refund you the price you paid for the Product;
6.5.2 refund any postage and packaging costs which you paid in connection with the delivery of the Product to you. However, please note that we are permitted by law to refund only the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we are required to only refund what you would have paid for the cheapest delivery option; and
6.5.3 make any refunds due to you as soon as you have let us know that you have decided to cancel your Contract.
However, please note that:
6.5.4 any refund which we make will be on the condition that you return the Product to us and that we do actually receive the Product back from you; and
6.5.5 if the Product is actually received by us:
(a) we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the Product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the Product, if this has been caused by your handling it in a way which would not be permitted in a shop (for example, if you unseal a Product which is sealed for health protection purposes); and
(b) we will reduce (potentially to £zero) the value of that part of your refund which relates to the cost of the Product (but not the part of the refund which relates to postage and packaging costs) to reflect any reduction in the value of the Product which results from damage to the Product which occurs when it is being returned to us.
If we make a refund to you and later discover that you have not returned the Product to us, or that you have handled it in an unacceptable way or that it has been damaged by you or by your carrier when it is being returned to us, you must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which you used to pay for the Product. We may make the required deduction from your bank account in more than one payment. Further information about how to return a Product is set out in paragraph 6.9 below.
6.6 You will be responsible for the cost of returning the Product to us. Whilst we are under no obligation to do so, if we have offered to collect the Product from you and you have accepted that offer, we will charge you the direct cost to us of collection. If a Product is faulty, not as described, where we have delivered the wrong Product or the Google Certified Shops Programme determines that you should receive a refund.
6.7 If a Product is faulty or has not been described accurately, if we have delivered the wrong Product or the Google Certified Shops Programme determines that you should receive a refund, you have a legal right to reject that Product. If you wish to reject a Product you must let us know that you are rejecting the Product and return that Product to the address set out in paragraph 6.9 below. You can let us know that you are rejecting the Product by e-mail email@example.com or message us via our website contact form https://spitfireheritagedistillers.com/contact-us/ or telephoning our contact team 01704 821090 Whatever method of cancellation you use:
We will refund the price of the Product in full and the delivery charges which you actually paid to have the Product delivered to you and any reasonable costs you incur in returning the Product to us.
Returns and refunds generally
6.8 We will refund you using the same method which you used to pay.
6.9 You must return a Product to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send the Product back to us at:
Spitfire Heritage Distillers Ltd
Please include a copy of the order paperwork which you receive from us, or at least a note of the order number, when you return the Product to allow us to identify your order.
6.10 Remember that you do not have the right to cancel a Contract in the circumstances set out in paragraph 6.2 above and that your right to a refund may be reduced by us in accordance with paragraph 6.5 above.
6.11 As you are a consumer (that is to say that you enter this contract otherwise than in the course of your trade or business), we are under a legal duty to supply a Product that is in conformity with this Contract. As a consumer, you have legal rights in relation to a Product that is faulty or not as described. These legal rights are not affected by your right of return and refund in this paragraph 6 or anything else in these Terms.
6.12 Advice about your legal rights is available (in the United Kingdom) from the Citizens Advice website: adviceguide.org.uk
7.1 The costs of delivery will be displayed to you on our website. We will give you an estimated delivery date with the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 12 below for our responsibilities when this happens.
7.2 If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:
7.2.1 leave your parcel in a safe place;
7.2.2 leave your parcel with a neighbour; or
7.2.3 leave you a note which informs you that they have attempted to deliver the Product (if this happens, please contact the carrier to re-arrange delivery). If you have any specific delivery instructions, you should give them when you place your order for a Product.
7.3 Delivery of an order shall be completed when:
7.3.1 our carrier delivers the Product using one of the methods referred to in paragraph 7.2 above or in accordance with your specific instructions (when you have given them); or
7.3.2 you (or someone else on your behalf) collect(s) the Product from us, and the Product will be your responsibility from that time. If you are informed about a failed delivery attempt but do not re-arrange delivery of a Product or collect that Product from the carrier’s depot we (or the carrier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges, value added taxes, administration charges and taxes which are payable by us.
7.5 If we agree a delivery deadline with you in respect of any Product and we miss that deadline, then you may cancel your order if either of the following apply:
7.5.1 we have refused to deliver the Product; or
7.5.2 you told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order must be communicated to us without delay. We may reject an order if you set a delivery deadline which we will not be able to meet.
7.6 If you do not wish to cancel your order immediately, or do not have the right to do so under paragraph 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
7.7 If you have the right to cancel your order for late delivery under paragraphs 7.5 or 7.6 above, you can do so for just one Product or, if you have ordered more than one Product, all of the Products which are the subject of your order. If the Product has been delivered to you, you will have to return it to us, and we will pay the costs of this. Please refer to paragraph 6 above for more information about how to return a Product to us.
8.1 We deliver to the countries listed.
Permitted International Delivery Destinations:
Australia, Austria, Belgium, Bulgaria, Canada ,China, Czech Republic, Denmark, Dominican Republic, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Philippines, Portugal, Romania, Singapore, South Korea, Spain, Switzerland, Taiwan, Thailand.
Destinations However, please note that there are restrictions on some Products for certain International Delivery Destinations, please familiarise yourself with your destination countries import laws before ordering any Product by contacting your customs office in the destination country for further information before placing your order.
8.2 If you order a Product for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. There may also be administration charges imposed by foreign customs authorities or by our delivery agents. Please note that we have no control over these charges and we cannot predict their amount.
8.3 The recipient will be responsible for payment of the import duties, taxes and charges referred to in paragraph 8.2 above. Please contact the customs office in the destination country for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the United Kingdom, of the country from which the order is placed and of the country for which the Product is destined. We will not be liable or responsible if you break any such law.
Price of a Product and delivery charges
9.1 The price of each Product which you order will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of each Product is correct at all times. Please see paragraph 9.4 below for an explanation of what happens if we discover an error in the price of a Product which you have ordered.
9.2 The price for each Product will change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product does not include delivery charges. Our delivery charges are explained to you during the check-out process, before you confirm your order.
9.4 Our website contains a small number of Products, It is highly unlikely however, possible that, despite our efforts, a Product on our website may be incorrectly priced. We do not have to sell a Product to you where there is a pricing error. We will normally check prices as part of our dispatch procedures so that:
9.4.1 where the Product’s correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Product to you; and
9.4.2 if the Product’s correct price is higher than the price stated on our site, we will contact you promptly to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not proceed to issue a despatch confirmation until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9.5 We send regular newsletters and press releases to our customers, and also write about Products on our blog. It is always possible that, despite our efforts, a Product may be referred to in a newsletter or press release or on our blog with an incorrect price. We do not have to sell a Product to you at any incorrect price which is set out in a newsletter or press release or on our blog. Please see paragraph 9.4 above for an explanation of what happens if we discover an error in the price of a Product on our website.
9.6 All prices on our website are shown in GBP, but you can change your settings so that prices are shown in other currencies. It’s important for us to note that, if you choose this option, most of the non-GBP prices you will see are going to be approximate.
9.6.1 Depending on your location, you may have an option to pay in GBP or in your local currency. We can currently only accept payment in the following currencies (this list may expand, so check back often to see whether you can pay in your currency!): Pound Sterling (GBP)
9.6.2 Prices shown in any other currency which is not on the above table are unfortunately not a currently accepted currency for payment of an order. Those prices are shown using a currency converter (not a bank or financial institution) and are therefore only for illustrative purposes. If you are placing an order using these approximate currency conversion on our site, the price you see on our site may differ from the actual amount charge to you by PayPal or your card company as card providers and PayPal may use a different exchange rate from time to time. They may also levy additional fees and charges which we will be unable to estimate or control. If you are placing an order having viewed your local currency and that currency is not one we accept, please make sure to satisfy yourself that you are happy with the GBP price before placing your order.
9.6.3 If you are paying by bank transfer, you must ensure that your order is settled in full in GBP only and that you set up the bank transfer such that the amount received (after currency conversion and any bank charges) is equal to the amount show in GBP before you place your order. Please note that we will not be able to accept bank transfers in GBP and no other currency.
How to pay
10.1 You can pay for a Product using any of the payment methods listed at the payment stage of the checkout process.
10.2 Payment for the Product and all applicable delivery charges is in advance. We reserve the right to end the Contract immediately if payment using the card details which you provide fails.
Our liability to you and your liability to us
11.1 If we fail to comply with:
11.1.1 these Terms; or
11.1.2 any additional terms which become part of the Contract under law, like those relating to the quality of the Product, or the fitness of the Product for its purpose, which are referred to in the summary of your key legal rights above; or
11.1.3 we act negligently,
we are responsible for any loss or damage which you suffer and which is a foreseeable result of our breach of these Terms or those additional terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.2 We only supply a Product for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 Some of the Products contain warnings about the way in which they are to be used, and by whom they are to be used. We are not responsible for any loss or damage which is caused as result of you ignoring any Product warnings which are reasonably obvious upon an examination of the Product.
11.4 We do not in any way exclude or limit our liability for:
11.4.1 death, personal injury or damage to private property above the value of £275 which is caused by a faulty Product; or
11.4.2 fraud or fraudulent misrepresentation.
However, we are not responsible for the costs of repairing any pre-existing damage to private property.
11.5 You are advised to carefully check a Product for any defects or discrepancies at the earliest opportunity, and to take prompt action as soon as you become aware of any problem.
11.6 If we require certain information from you in order to deliver a Product to you (for example, detailed address information or personalised Product label information) we will contact you to request that information. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the Contract and charge you reasonable compensation for the net costs which we incur. We may deduct that compensation from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.
11.7 You may also be required to pay us compensation in the circumstances set out in paragraphs 3.2 and 7.3 above.
Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in paragraph 12.2 below.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including (without limitation) failure or breach of contract by a carrier or other sub-contractor, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control that affects the performance of our obligations under a Contract takes place:
12.3.1 we will contact you as soon as reasonably possible to notify you;
12.3.2 we will take steps to minimise the effect of that Event Outside Our Control; and
12.3.3 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any Product you have already received and we will refund the price you have paid, including any delivery charges.
12.5 References in this paragraph 12 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
12.6 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law.
Terms for non-EU customers only
This paragraph applies only if you are located outside of the European Union.
13.1 Except as set out below, the legal terms of business set out these Terms apply to non-EU customers.
13.2 Subject to paragraph 13.6, if a non-EU customer wishes to cancel his or her Contract we will refund the price paid for the Product itself, reduced to reflect:
13.2.1 any reduction in the value of the Product if this has been caused by the customer handling it in a way which would not be permitted in a shop (for example, if you unseal a Product which is sealed for health protection purposes); and
13.2.2 any reduction in the value of the Product which results from damage to the Product which occurs when it is being returned to us.
13.3 If we make a refund to a non-EU customer and later discover that the customer has not returned the Product to us, or that the customer has handled it in an unacceptable way or that it has been damaged by the customer or by the customer’s carrier when it is being returned to us, the customer must pay us an appropriate amount. We will calculate that amount, acting reasonably, and will deduct it from the bank account which the customer used to pay for the Product. We may make the required deduction from the customer’s bank account in more than one payment.
13.4 We are not able to refund:
13.4.1 any postage or packaging costs which the non-EU customer paid in connection with the delivery of the Product to him or her, or the return of that Product to us; or
13.4.2 any import duties, taxes or administration fees incurred in connection with the delivery or return of the Product.
13.5 We shall make refunds to non-EU customers promptly using the same method used to pay.
13.6 If a non-EU customer has returned the Product to us under this paragraph 13 because it is faulty or because it has not been described accurately or because we have delivered the wrong Product, we will refund that customer the price of the Product in full and the delivery charges which the customer actually paid to have the Product delivered and any reasonable costs incurred in returning the Product to us.
Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, 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 breach of these Terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these Terms by you.
14.6 These Terms are governed by English law. This means that a Contract for the purchase of a Product and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14.7 If you have a complaint which we are unable to resolve between ourselves, you may refer your complaint to The Retail Ombudsman, a United Kingdom government-approved, free-to-consumers service which seeks to resolve disagreements between traders and consumers in respect of goods purchased online. More information regarding The Retail Ombudsman can be found on its website: www.theretailombudsman.org.uk.