1       Introduction

This website (Site) is operated by Atts’Amore Inspired Products Ltd, a company registered in England and Wales, with company registration number 15716194 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2       Use of the Site

(a)    You accept these Terms by placing an order via the Site.

(b)    You must not use the Site and/or place an order for Products through the Site unless you are at least the legal drinking age in your country of delivery.

(c)     When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1)      anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2)      using the Site to defame, harass, threaten, menace or offend any person;

(3)      using the Site for unlawful purposes;

(4)      interfering with any user of the Site;

(5)      tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6)      using the Site to send unsolicited electronic messages;

(7)      using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8)      facilitating or assisting a third party to do any of the above acts.

(d)    All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at [insert link].

3       Accounts

(a)    You may purchase the Products from us without an account or you may choose to create an account with us which allows you to review your order history alongside other functionalities.

(b)    You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.

(c)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4       Orders

(a)    You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b)    It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c)     When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(d)    Please be aware that the products sold through the Site are not suitable for individuals under 18 years old.

(e)    All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(f)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

5       Subscriptions

(a)    We offer a subscription service. By placing an order with us on a subscription, you are agreeing to order the Products from us on an ongoing basis. The details of your subscription (including your subscription tier and inclusions, your payment method, and your delivery period) are as set out in your account on the Site.

(b)    As set out in your account, you will be provided with a final date by which your order for that period, which must be finalised (Cut-Off Date). You must finalise your selection of Products for the period as set out in your account at least 48 hours before the Cut-Off Date. If you do not select any particular Products, we will select Products on your behalf.

(c)     Your subscription may begin with a free or discounted trial, which if applicable, will last for the period specified in your account (Trial Period). We determine who is eligible for a free or discounted trial and we may limit eligibility to prevent trial abuse. We may cancel your free or discounted trial and suspend your account at any time if we determine that you are not eligible for the trial. At the end of the Trial Period, your trial will roll over into a fully paid subscription, unless you cancel your subscription before the end of the Trial Period.

(d)    There is no minimum term to your subscription, and you may cancel your subscription at any time in accordance with these Terms.

(e)    Your subscription will roll over on an ongoing monthly basis as set out in your account, unless you provide notice to us through your account or via email that you wish to cancel your subscription 30 days before the next Cut-Off Date. You may also amend your subscription (such as changing your subscription tier) through your account, at least 24 hours before the next Cut Off Date.

6       Price and payments

(a)    For one-off orders of Products, you must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).

(b)    You must pay the Price upfront using one of the methods set out on the Site.

(c)     Where you have a subscription with us, you will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the same Price each month on the monthly anniversary date of your sign-up to the subscription (or as otherwise set out in your Account) (the Billing Date). If at least 24 hours before the Cut-Off Date, you adjust your subscription to a different Product package with a different fee (as set out on the Site), then the Price will be changed to the new fee for all future orders from the next Billing Date, unless you amend, suspend or cancel your subscription in accordance with these Terms.

(d)    We may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.

(e)    You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(f)     The payment methods we offer are set out on the Site. We may offer payment through a third-party provider Stripe and Paypal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(g)    Where you order the Products for delivery outside of the UK (for example, to the Republic of Ireland), you may need to pay custom charges or taxes in addition to the Price.

(h)    We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. If you have a subscription with us, the discount will be applied to your next order. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7       Supply Of The Products

In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

8       Delivery, title and risk

(A)    We Will Deliver The Products To The Delivery Address You Provide When Making Your Order. We Currently Deliver To The areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b)    For one-off orders of Products, we normally dispatch Products on the same day if ordered before 12pm GMT, or the business day if ordered after 12pm, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c)     Where you have a subscription with us, when you place your initial order, you will select a delivery day and delivery window. Unless you otherwise vary your delivery day or delivery window before the Cut-Off Date, your chosen delivery day and delivery window will apply to all future orders. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.

(d)    If you need to change the delivery day or delivery address, please notify us immediately in writing or via the Site.

(e)    We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(f)     Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.

9       Sale of Alcohol

(A)    We Follow A “Challenge 25” Policy For The Purchase Of Alcohol. Accordingly, When Delivering Age Restricted Products, If The Person Accepting Your Order Appears To Be Under The Age Of 25, The Driver Will Request Photo ID (Such As A Passport, UK Drivers Licence, National ID Cards Or Other Government-Issued Proof Of Age Card) To Prove That They Are Over The Age Of 18 And Can Lawfully Purchase Such Products.

(b)    Where you are unable to provide proof of age to our delivery partner as set out in clause 9(a), we will not be able to provide the Products to you. You will be liable to pay us the delivery fee to cover our costs for attempted delivery.

(c)     Due to licensing restrictions, we are only able to deliver Products containing alcohol during licensing hours.

(d)    You acknowledge that it is against the law to sell or supply alcohol to, or obtain alcohol Products on behalf of, a person under the age of 18 years, and you warrant that you are not obtaining alcohol or on behalf of a person under the age of 18 years.

(e)    We, or our delivery partners, may refuse delivery of the Products containing alcohol to an intoxicated person.

10    Change Of Mind Returns

(a)    We offer refunds of Products for change of mind in accordance with this clause 10.

(b)    If the Products are a one-off purchase, you have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.

(c)     If you have a subscription with us, you have until 14 days after the day you receive (or someone you nominate receives) the first delivery of the Products to change your mind and cancel these Terms.

(d)    When you don’t have the right to change your mind: You do not have a right to change your mind in respect of:

(1)      if you are not a consumer;

(2)      Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

(3)      Products you have damaged, or that are no longer in their original condition, such as where you have opened the Product.

(e)    Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should email us using the contact details at the start of these Terms, and you may use the Model Cancellation Form at Attachment 1.

11    Returning Products to us

(a)    Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection). If you are exercising your right to change your mind under clause 10 you must send the Products back to us within 14 days of telling us you wish to cancel these Terms.

(b)    Costs of return: You must cover the costs of returning the Products to us, except in the following circumstances, where we will pay the costs of return:

(1)      if the Products are faulty or misdescribed;

(2)      if you have subscription with us and you are ending these Terms because we have told you of an upcoming change these terms; or

(3)      an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

(c)     Deductions from refunds if you are exercising your right to change your mind: If you are a consumer exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(d)    When your refund will be made: We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind under clause 10and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

12    Limitations On And Exclusions To Our Liability

(a)    The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(B)    Nothing In These Terms Limits Any Liability Which Cannot Legally Be Limited, Including Liability For:

(1)      death or personal injury caused by negligence;

(2)      fraud or fraudulent misrepresentation;

(3)      breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(4)      defective products under the Consumer Protection Act 1987.

(c)     Subject to clause 12(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1)      Except Where You Are A Consumer, Neither Party Will Be Liable For Any Consequential Loss. Consequential Loss Includes Any Consequential Loss, Indirect Loss, Real Or Anticipated Loss Of Profit, Loss Of Benefit, Loss Of Revenue, Loss Of Business, Loss Of Goodwill, Loss Of Opportunity, Loss Of Savings, Loss Of Reputation, Loss Of Use And/Or Loss Or Corruption Of Data, Whether Under Statute, Contract, Equity, Tort (Including Negligence), Indemnity Or Otherwise; Or

(2)      where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(3)      if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;

(4)      a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss;

(5)      and without limiting any right you may have as a consumer to cancel these Terms under clause 10, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic; and

(6)      Except Where You Are A Consumer, Our Aggregate Liability For Any Liability Arising From Or In Connection With These Terms Will Be Limited To Us Resupplying The Products To You Or, In Our Sole Discretion, To Us Repaying You The Amount Of The Price Paid By You To Us In Respect Of The Supply Of The Relevant Products To Which The Liability Relates.

(d)    We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

13    Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b)    We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c)     You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d)    You must not, without our prior written consent:

(1)      copy (in whole or in part) any of Our Intellectual Property;

(2)      reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(3)      breach any intellectual property rights connected with the Site or the products..

(e)    Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1)      you do not assert that you are the owner of Our Intellectual Property;

(2)      unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3)      you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4)      you comply with all other terms of these Terms.

14    General

(a)    Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(b)    Disputes: Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(c)     Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(d)    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(e)    Assignment: You Must Not Assign Any Rights Or Obligations Under These Terms, Whether In Whole Or In Part, Without Our Prior Written Consent.

(f)     Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(g)    Amendment: We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.

(h)    Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(i)     Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.

Last update: 28th October 2024

© LegalVision Law UK Ltd <br>

ATTACHMENT 1 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.