Terms & Conditions of Business. Last updated February 2019.
HT Drinks Ltd Terms and Conditions of Sale
If you have any comments about our Terms and Conditions of Sale, or indeed our web services, please e-mail us at firstname.lastname@example.org
As an active HT Drinks Ltd member, by submitting an online order at www.htdrinks.co.uk (hereafter referred to as 'the site') you are therefore agreeing to the following terms as described; which will apply to any purchase(s) made through this web service.
By agreeing to these terms and conditions, you herein confirm that you are:
1. A registered member of HT Drinks Ltd; and,
2. Actively engaged in business, retailing or wholesale; and,
3. The business is managed by person(s) aged 18 years and over; and,
4. The individuals or businesses that are members, or provided with date restricted online day passes, are registered or designated managers or owners.
1. PURCHASE CONTRACT
1.1 All purchases made on 'the site' are governed by these Terms and Conditions. The Terms and Conditions governing any purchase will be effective at the date of your purchase. We reserve the right to amend these Terms and Conditions at any time. It is advised that you check during each online session that you understand the precise Terms and Conditions applicable to your purchase. Any updates to the Terms & Conditions are clearly stated in paragraph 1.
1.2 We will confirm receipt of your online purchase(s) made by e-mail to the designated e-mail address that you registered with us. To edit your member profile, visit 'the site' and login to My HT Drinks. Our acceptance of your order will only take place upon confirmation of payment received; either online, payment on delivery or at the Park Royal Cash & Carry; and, at this point, the purchase contract will be made. We will supply the goods to you in accordance with these Terms and Conditions.
2.1 The published prices on 'the site' are, by all reasonable means, consistent with the prices at the Park Royal Cash & Carry; unless individual members have pre-agreed with the HT Management team a specific pricing schedule.
2.2 All prices exclude VAT. Where applicable, VAT will be added to invoices.
2.3 All online purchases for tobacco-based products are subject to an additional 2% pricing surcharge on the total tobacco basket value.
2.4 For Click and Delivery purchases, there is a minimum order value of £1,500 and an additional 5% surcharge is added to the total basket value for such services.
2.5 Prices are subject to change without notice.
2.6 Products are subject to availability and we may limit the quantities of products supplied to any one member.
2.7 Product descriptions and images should only be used as a guide.
2.8 All goods purchased remain the property of HT & Co (Drinks) Limited until relevant invoices are paid in full.
3. DELIVERY SERVICES.
3.1 Delivery will be made to the address specified by you when you register on the website. These details are editable by logging into My HT Drinks.
3.2 Delivery will be made only to an adult aged 18 years or over.
3.3 Delivery dates, times and charges are described within our checkout process: click and deliver. Delivery times, where defined, are approximate only. There shall be no liability on HT Drinks Ltd for late or cancelled delivery.
3.4 It is the member's responsibility to ensure that an appropriate person is available at the delivery address at all times during the agreed date and time. All goods must be signed for on delivery by an adult aged 18 years or over.
3.5 If no one is at the address when the delivery is attempted, the goods will be retained by HT Drinks Ltd. And any goods ordered via 'the site', will remain the property of HT Drinks Ltd.
3.6 Should you fail to be present for your delivery we are entitled to charge you the full price of the items contained in your order and the cost of delivery.
3.7 All alcohol and tobacco must be checked off at the time of delivery and queries reported to the delivery driver immediately. No discrepancies will be considered if such goods are not checked off at time of delivery. All goods remain the property of HT Drinks Ltd until payment has been made in full.
4.1 When collecting products via the Click & Collect service, all payment must be made in full and or outstanding credit settled before the goods are permitted to leave the Cash & Carry.
4.2 Online orders via Click and Collect and Click and Delivery are subject to availability.
4.3 Online collection within 4 hours is a guide collection time only. There shall be no liability on HT Drinks Ltd if this collection time is not achieved. All reasonable efforts will be made to keep you up to date on all order processing.
Payment for all goods will be according to the business terms that have been agreed with the HT Management team, with payment accepted only by debit or credit card. HT Drinks Ltd reserves the right to refuse delivery or collection if these terms are not adhered to.
You agree to compensate us in full against all reasonable costs incurred by us in obtaining payments from you in the event of a failed payment.
6. WEB SERVICES.
The service may be unavailable at certain times to allow our development team to maintain and upgrade the website. Although we will always endeavour to inform customers in advance of any service unavailability, this cannot be guaranteed. We reserve the right to alter or withdraw the service at any time and also reserve the right to refuse the service to any member without giving a reason.
7. CUSTOMER COMPLAINTS.
If you have any comments or complaints on or about our website, please e-mail us at email@example.com
At the time of your registration you will receive a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. HT Drinks & Co Limited shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
9. DATA PROTECTION AND PRIVACY.
9.1 By providing your details to us on our web site, you consent to us maintaining, recording, holding and using the information you give us at the time of ordering to process your orders, to improve our service to you and
inform you of any promotions. All data is collected lawfully and maintained in accordance with the Data Protection Act 1998.
9.2 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery company.
9.3 We will use information about you to make marketing offers via email, telephone and mail based on your Product(s) preferences from time to time.
9.4 If you opt-out from hearing from us or approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions and informational, non-marketing emails.
9.6 We comply with the applicable provisions of the General Data Protection Regulation (Regulation EU 2016/679) in relation to these Terms and Conditions. As part of our business with you, HT Drinks Ltd has certain obligations under these regulations to notify individuals as to how it will collect and process any personal information and their rights as a Data Subject in relation to the personal information held. This is stated in a separate Data Protection Privacy Notice and is available at www.htdrinks.co.uk We will treat all personal information as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that this information is accurate, kept up to date and not kept longer than is necessary. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the information.
10.1 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 and Conditions. We will always notify you if deemed appropriate.
10.2 Each of the paragraphs of these Terms and Conditions 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.
10.3 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
These terms and conditions are subject to change from time to time without prior notice. Your continued dealings with the Company will amount to your acceptance of these terms and conditions and the Agreement including any modifications thereto. The latest version will be provided by the Company on request.
I, the applicant, confirm that I have read the above terms and conditions and I accept them.
('The Buyer') I/we the undersigned, hereby solely/jointly and severally agree with you as follows:
1. To be answerable, responsible and give this Guarantee to HT Drinks Ltd for the due payment on demand of all sums which are now or may hereafter become owing to you by the Buyer whether incurred solely, severally and/or jointly including all interest, costs, charges and all legal; and other expenses (on a full indemnity basis) howsoever incurred by you in connection therewith and for the payment of interest on the foregoing day by day from demand until full discharge at the rate of interest payable by you to your primary Bankers.
2. Without prejudice to the generality of this Guarantee I/we also hereby indemnify you against any loss, costs, charges by third party or expenses which you may suffer from any non-payment or discharge by the Buyer.
3. My/Our liability shall not in any way be diminished nor affected by your giving time or any indulgence to the Buyer, nor by any release, agreement not to sue composition or arrangement of any description granted or entered into by you or with the Buyer I/we shall be liable to you in respect of any obligation or liability of the Buyer to which this Guarantee relates as if I/we were the principal Debtor and not surety.
4. This Guarantee shall not be considered as satisfied by any intermediate payment or any part of the monies owing as aforesaid and shall remain in force notwithstanding any disability, or (in the case of an individual) death, or (in the case of a company) dissolution, of any person executing this Guarantee. Or if the Buyer should cease to trade.
5. You may at any time or times at your absolute discretion and without giving any notice whatsoever/refuse further credit or supplies of goods to the Buyer and grant them any time or any other indulgence and compound with them respectfully or alter the terms of payment with/without their agreement or take any security from or on the account of the Buyer without discharging or impairing my/our liability under this Guarantee.
6. Without prejudice to your other rights hereunder in event of the Buyer going into liquidation or suffering the appointment of an Administrator Receiver or an Administrative Receiver or being reconstructed or making any arrangement with Creditors or if an individual being the subject of a bankruptcy order or making any arrangement with creditors you may rank as creditors and prove for the full amount of your claim and any dividends or payments which you may receive from the Buyer or any other person shall be taken and applied as payments in gross and shall not prejudice you right to recover from me/us to the full extent of the security hereby created the ultimate balance, which after receipt of such dividends payments, may remain owing to you the Buyer.
7. I/we warrant that all information given by me/us as to the financial state of the Buyer at the date hereof and (in the case of a company) information relating to the present Shareholders and directors of the Buyer is true and accurate in all respects, and I/we undertake to give you immediate notice in writing addressed to the Company Secretary at your address mentioned above of each and every charge in the Directors and Shareholders of the Buyer and of any material charge in such financial state.
8. The obligation herein contained shall where there are more than one of us take effect as joint and several agreements and obligations and any remaining Guarantor shall not be released from liability by reason of this Guarantee ceasing to be binding as a continuing security on any of the others.
9. This Guarantee shall be a continuing Guarantee, subject to my/our right to give one month's written notice of revocation thereof. Any such notice shall be in writing and sent by registered post or recorded delivery to your Company Secretary at your registered office at the address mentioned above. Any such notice shall be effective on actual receipt by the Company Secretary but no revocation shall in any way diminish or affect my/our liability (contingent or otherwise) to you in respect of any indebtedness of the Buyer whether incurred solely, severally and/or jointly incurred under any contact or obligation entered into between you and the Buyer prior to the expiry of such notice.
10. This guarantee shall be governed by and construed
in accordance with English Law and I/we submit to the
non-exclusive jurisdiction of the English Courts.
© Copyright HT Drinks Ltd 2019. All rights reserved.