Terms and Conditions

Terms & Conditions of Sale

TERMS of Sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.cocktail-consultancy.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”	means the goods sold by Us through Our Site;
“Order”	means your order for Goods;
“Order Confirmation”	means our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	means The Cocktail Consultancy.

Information About Us

2.1 Our Site, www.cocktail-consultancy.co.uk is owned and operated The Cocktail Consultancy, based at Roman Road, Moulton Chapel, Spalding, United Kingdom

Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms of Use <<insert link>>. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

4.2 None of the Goods on Our Site may be purchased by anyone under 18 years of age.

4.3 Age verification will occur through the checkout process; delivery of products is tracked and customers will be notified of delivery dates subject to providing a valid UK mobile phone number and/or email address at the point of purchase. The Cocktail Consultancy take no responsibility for the delivery being received by a household member other than You, or if You select for the courier to leave the delivery in a safe location or with another person.

Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please contact us at info@cocktail-consultancy.co.uk to agree terms and conditions of sale.

International Customers

Please note that We only deliver within the United Kingdom.

Goods, Pricing and Availability

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).

7.3 Where appropriate, you may be required to select the required duration, quantity or colour of the Goods that you are purchasing.

7.4 Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.

7.5 For subscription products, We may also make more significant changes to certain Goods or to the price of those Goods. If We do so, We will inform you at least 3 months in advance of the changes becoming effective. If you are not happy with the changes, you may end the Contract as described below in sub-Clause 13.1.

7.6 We may from time to time withdraw certain products from sale. If any Goods purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, We will inform you in writing at least 3 months in advance. You will be refunded in full for any Goods paid for that you will not receive due to their withdrawal. Refunds will be made within 14 calendar days, using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

7.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.10 regarding VAT, however).

7.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 14 calendar days We will treat your Order as cancelled and notify you of this in writing.

7.9 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

7.10 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.11 Delivery charges are included in the price of Goods displayed on Our Site for all UK delivery; please note we do not ship outside of the United Kingdom.

Orders – How Contracts Are Formed

8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible on info@cocktail-consultancy.co.uk. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4 Order Confirmations shall contain the following information:

8.4.1 Your Order Number;

8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

8.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

8.4.4 Estimated delivery date(s)

8.4.5 If your Order is for the regular delivery of Goods by subscription, details of your subscription, including its duration;

8.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.

8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

Payment

9.1 Payment for Goods and related delivery charges must always be made in advance. If you have chosen to receive Goods as part of an ongoing subscription, you will be billed in advance before each delivery of Goods as per your chosen subscription. For subscription products the first payment will be taken at the time of placing the order, subsequent payments will be taken on the first day of the month when payment is due.

9.2 We accept the following methods of payment on Our Site:

9.2.1 Credit or Debit Card

9.2.2 Google and Apple Pay

9.3 If payment is unable to be collected for recurring subscriptions on the date specified we will re-request payment automatically one calendar day later, and three further calendar days after that. If all payments are unable to be collected the subscription will be suspended. In the event of this occurring please contact us on info@cocktail-consutlancy.co.uk.

9.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged interest under sub-Clause 9.3 on any sums disputed in good faith under this sub-Clause 9.5.

Delivery, Risk and Ownership

10.1 All Goods purchased through Our Site will normally be delivered as follows:

10.1.1 For one-off purchases, Goods will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14);

10.1.2 For the ongoing supply of Goods by subscription, Goods will normally be delivered by the 15th calendar day of each month, and We will continue delivering the Goods until your subscription expires, or until it is ended either by you or Us.

10.2 If for any reason we are unable to deliver the Goods to your chosen delivery address, our courier will advise details of how for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery they will be returned to us in the timeframe specified by the courier.

10.3 In the unlikely event that We fail to deliver the Goods on time, as described in sub-Clause 10.1, if any of the following apply you may treat the Contract as being at an end immediately:

10.3.1 We have refused to deliver your Goods; or

10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or

10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.

10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date for the Goods in question. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

10.5 In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:

10.5.1 To fix technical problems with the Goods or to make necessary minor technical changes;

10.5.2 To update the Goods to comply with relevant changes in the law or other regulatory requirements;

10.5.3 To make more significant changes to the Goods, as described above in sub-Clause 7.5.

10.6 If We need to suspend delivery of the Goods for any of the reasons set out in sub-Clause 10.6, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension).

10.7 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided via tracked delivery.

10.8 Ownership of the Goods passes to you once we have received payment in full of all sums due for those Goods.

10.9 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

Faulty, Damaged or Incorrect Goods

11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@cocktail-consultancy.co.uk as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:

11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.

11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

11.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

11.1.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer you have a legal right to a 14 calendar day cooling-off within which you can cancel and return Goods for this reason. Please refer to Clause 12 for more details.

11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at info@cocktail-consultancy.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.

11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

11.5 Any and all refunds issued under this Clause 11 will include all delivery costs for the affected Goods.

11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Cancelling and Returning Goods if You Change Your Mind

12.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

12.2 If you wish to exercise your right to cancel under this Clause 12, you can do so via your online account area at www.cocktail-consultancy.co.uk. You may also inform Us in writing to info@cocktail-consultancy.co.uk. Cancellation by email is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

12.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

12.4.2 If the Goods are likely to deteriorate quickly, for example flowers or food;

12.4.3 If the Goods have been personalised or custom-made for you;

12.4.4 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.

12.6 You may return Goods to Us by post or another suitable delivery service of your choice; please contact Us at info@cocktail-consultancy.co.uk to arrange for a return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12.

12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:

12.7.1 The day on which We receive the Goods back; or

12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or

12.7.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

12.8 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

Your Other Rights to End the Contract

13.1 You may end the Contract at any time if We have informed you of a forthcoming change to the Goods that you do not agree to, as described in sub-Clause 7.5.

13.2 If We have suspended delivery of the Goods for more than one calendar month, or We have informed you that We are going to suspend delivery for more than 1 calendar month, you may end the Contract, as described in sub-Clause 10.7.

13.3 If you no longer wish to receive Goods from Us and wish to end your subscription before your subscription period is complete you may do so in your online account area of the website. Your cancellation will be effective one calendar month after it is submitted. You may also skip a month within your subscription for no penalty fee; your subscription will automatically recommence after one calendar month.

13.4 You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

13.5 You will be refunded in full for any Goods paid for that you have not yet received or will not receive due to your cancellation. Refunds under this Clause 13 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

13.6 If you wish to exercise your right to cancel under this Clause 13, you can do so via your online account area at www.cocktail-consultancy.co.uk. You may also inform Us in writing to info@cocktail-consultancy.co.uk. Cancellation by email is effective from the date on which you send Us your message.

13.7 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

Our Liability to Consumers

14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

14.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

14.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

14.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

Events Outside of Our Control (Force Majeure)

15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

15.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

15.2.1 We will inform you as soon as is reasonably possible;

15.2.2 We will take all reasonable steps to minimise the delay;

15.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

15.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

15.2.5 If the event outside of Our control continues for more than one calendar month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled;

15.2.6 If an event outside of Our control occurs and continues for more than one calendar month and you wish to cancel the Contract as a result, If you wish to exercise your right to cancel under this Clause 15, you can do so via your online account area at www.cocktail-consultancy.co.uk. You may also inform Us in writing to info@cocktail-consultancy.co.uk. Cancellation by email is effective from the date on which you send Us your message.

15.2.7 Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled.

Communication and Contact Details

16.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at info@cocktail-consultancy.co.uk.

16.2 For matters relating the Goods or your Order, please contact Us by email at info@cocktail-consultancy.co.uk.

16.3 For matters relating to cancellations, please login to your online account area or contact Us by email at info@cocktail-consultancy.co.uk, or refer to the relevant Clauses above.

Complaints and Feedback

17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

17.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by email at info@cocktyail-consutlancy.co.uk

How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy including our Cookie policy, available from www.cocktail-consultancy.co.uk/privacy-policy

Other Important Terms

19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

19.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

19.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

19.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

19.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale they will be made available at www.cocktail-consutlancy.co.uk/terms-and-conditions.

Law and Jurisdiction

20.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.

20.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.

Terms & Conditions of Use

TERMS of Use

By Using Our Site You Accept These Terms of Use

Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.cocktail-consultancy.co.uk (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.

These Terms of Use were last updated on 20/03/2023.

Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

The following documents may also apply to your use of Our Site:

Our Privacy and Cookie Policy, available at www.cocktail-consultancy.co.uk/privacy-policy. This is also referred to below in Parts 3, 7, and 17.
If you purchase goods from Us, Our Terms of Sale, available at www.cocktail-consultancy.co.uk/terms-and-conditions, will apply to the sale. These terms are also referred to below in Parts 13 and 14.

Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required to access certain features on Our Site, as set out in Part 7;
“Contact Tools”	means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms
“Content”	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User”	means a user of Our Site;
“User Content”	means reviews shared by Users on Our Site; and
“We/Us/Our”	means The Cocktail Consultancy

Information About Us

2.1 Our Site is operated by The Cocktail Consultancy

How to Contact Us and Your Use of Our Contact Tools

3.1 To contact Us by email, please email Us at info@cocktal-consultancy.co.uk

3.2 We provide the following Contact Tools for you to contact Us:

3.3 When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:

a) is sexually explicit
b) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
c) promotes violence;
d) promotes, encourages, incites, or supports acts of terrorism;
e) promotes or assists in any form of unlawful activity;
f) is defamatory of another person;
g) bullies, insults, intimidates, or humiliates another person;
h) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
i) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
j) is calculated or otherwise likely to deceive;
k) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
l) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive
m) implies any form of affiliation with Us or any other party where there is none;
n) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
o) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence

3.4 We may monitor any and all communications made using Our Contact Tools.

3.5 Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from www.cocktail-consultancy.co.uk/privacy-policy

Access to Our Site

4.1 Access to Our Site is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. [If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.]

Changes to Our Site

We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site (or any part of it), We will try to give current Customers reasonable notice of the alterations.

Changes to these Terms of Use

6.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.

6.2 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

Accounts

7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.

7.2 Only Users aged 18 years of age or over may create an Account.

7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.

7.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

7.5 It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately by using the ‘Forgot your password’ link at login.

7.6 You must not use another person’s Account.

7.7 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from www.cocktail-consultancy.co.uk/privacy-policy.

7.8 If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy, available from www.cocktail-consultancy.co.uk/privacy-policy.

7.9 If you delete your Account, any User Content that you have shared on Our Site will also be deleted

7.10 We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Usage Policy).

International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

How You May Use Our Site and Content (Intellectual Property)

9.1 With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.2 Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.

9.3 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

9.4 You may print one copy and download extracts of any page(s) from Our Site for personal use only.

9.5 You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

9.6 You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable.

9.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

9.8 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.

User Content

10.1 User Content on Our Site includes reviews and feedback.

10.2 An Account is required for the submission of User Content to Our Site.

10.3 We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.

10.4 All User Content is considered non-confidential and non-proprietary.

10.5 We may reject, reclassify, or remove any User Content from Our Site

10.6 We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.

10.7 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.

10.8 We do not store any terrorist content.

10.9 If you wish to make a complaint about any User Content, please contact Us using the details provided above in Part 3

10.10 If you wish to remove User Content, you may do so by emailing us on info@cocktail-consultancy.co.uk. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.

10.11 User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.12 You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site.

Links to Our Site

11.1 You may only link to the homepage of Our Site, www.cocktail-consultancy.co.uk/home. Linking to other pages on Our Site requires Our express written permission.

11.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

11.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

11.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

11.5 You must not frame or embed Our Site on another website without Our express written permission.

11.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

Links to Other Sites

12.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

12.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

Disclaimers

13.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.

13.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at www.cocktail-consultancy.co.uk/terms-and-conditions for more information.

13.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

Our Liability

14.1 The provisions of this Part 14 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at www.cocktail-consultancy.co.uk/terms-and-conditions.

14.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

14.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

14.4 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.5 Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

14.6 Subject to Part 14.7, if you are a consumer and Our Content (digital content) from Our Site (that is not User Content) damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.

14.7 Note that the right to compensation or repair in Part 14.6 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.

Viruses, Malware, and Security

15.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

15.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

15.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

15.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

15.6 By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Acceptable Usage of Our Site

16.1 In addition to these Terms of Use, Our Acceptable Usage Policy, applies to your use of Our Site.

16.2 You may only use Our Site in a lawful manner:

a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

16.3 If you fail to comply with the provisions of this Part 16 and/or Our Acceptable Usage Policy, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).

16.4 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.3) in response to your breach.

How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from www.cocktail-consultancy.co.uk/privacy-policy.

Communications from Us

18.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.

18.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link or can be changed via your online account areas settings. If you opt out of emails from Us, it may take up to 30 calendar days for your request to take effect and you may continue to receive emails during that time.

18.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

Law and Jurisdiction

20.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights as a consumer.

20.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

20.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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Terms and Conditions