These Website User Terms and Conditions (“Terms and Conditions”) cover the use of the Smith & Sinclair Limited (“S&S”) (Company Number 08833446) website (www.smithandsincalir.com).
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1.1 You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4.2 When using this website, you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]
5.1 Delivery charges will vary based on your location. For Mainland UK, standard 3-5-day delivery is £2.50 and next day delivery is £12.00.
5.2 For Highlands & Islands of Scotland, Northern Ireland and other UK islands, standard 3-5-day delivery costs £3.00.
5.3 For Western Europe, Rest of Europe, USA & Canada and Asia & Australasia, delivery costs £12.00. Please note that delivery times vary for each location, for more information, visit a product listing page and dropdown ‘Delivery’.
5.4 We may apply an increased rate for Christmas or other peak, seasonal delivery dates. In such cases we’ll always make you aware of increased charges. If an increased rate applies, this will be stated under the ‘Delivery’ section of a product page and at ‘Checkout’.
5.5 We use different couriers to deliver our products. You order will be delivered to you within the stated delivery times above, unless there is an event outside of our control. If a delivery is delayed or does not reach you at all, please contact us and we’ll do the best we can to ensure we can get this to you. Events outside of our control include, but are not limited to, adverse weather conditions, strike actions, vehicle breakdown, traffic congestion, courier overcapacity, etc.
5.6 You are responsible for the delivery details given to us when you place your order. Should you provide us with an incorrect address or post code, you should notify us immediately. We will endeavour to deliver your order to the revised address. If it’s not possible to make the delivery to the revised address, we cannot be held responsible for this loss.
5.7 All goods and products are packaged and delivered securely in fully recyclable cardboard boxes.
6.1 This website sells products containing intoxicating liquor. For clarity, any products containing alcohol are classified as intoxicating if they contain more than 0.5% alcohol by volume (0.5% ABV).
6.2 Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £1,000, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000.
6.3 Pursuant to the Licensing Scotland Act 2005 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor subject to a maximum fine of £200, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £5,000 and or 3 months imprisonment.
6.4 Smith & Sinclair is committed to upholding both its legal and social obligations as a business of intoxicating liquor.
6.5 In accepting these Terms and Conditions you agree to provide Smith & Sinclair truthful and accurate information and act in accordance with the Licensing Act of 2003 or where applicable the Licensing Scotland Act 2005.
7.1 We want you to be satisfied with the products you order from us. If you have any problems, or if for any reason you are not happy with your goods, please contact us and we will do our best to resolve the situation.
7.2 Refunds or product replacements are made entirely at our discretion.
7.3 If you wish to make a complaint, please contact our customer service team using the details on our Contact Us page. We will do our very best to respond to your complaint as quickly as possible.
8.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
8.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
9.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
9.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
10.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
10.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
Our business’s name is: Smith & Sinclair Ltd
Our business address is: Unit 6 Voyager Estate, 130 Spa Road, SE16 4RP. Tel: +44 (0) 20 3858 7370
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