Terms of service

Thanks for visiting TheDrinkShop.com (the website). 

Please read these terms and conditions carefully. When you use this website and shop with us, you agree that these terms are binding and will apply to you. 

Very, very few people in this world enjoy reading terms like these. Rather than reading what follows, you can always contact our customer service team for good-old fashioned, real person-to-real person contact instead.

1. About you

To use the website and shop with us, you:

• must be 18 years or older; and
• must only purchase alcohol for yourself or another person also over 18 years old.

You must be a private consumer. All products are for domestic and private use only, and are not for resale. 

Any payment card or method used to place an order with us must be your own (or you must have the express permission of the cardholder to use them). 

If you create an account on the website, you are responsible for keeping your login credentials secret and secure. 

2. Product information

Each product display page will contain description and information about each product. Some products may include specific warnings, storage, and use instructions. 

We take care in showing the appearances of products correctly, but images of products are for illustrative purposes only.

Presentation boxes or outer packaging are (typically) not included. Please contact us before you place an order to check about outer packaging if this is something you want. 

Tasting notes are subjective and do not form part of the description of any product.

In compliance with relevant legislation, all sizes, weights, capacities, dimensions and measurements of products listed on the website have a small tolerance. 

We may change a product and its information from time to time in order to comply with applicable laws and regulations. Minor adjustments and improvements which do not adversely or materially affect you may be made as well. 

3. Allergen information

We take care to display allergen information on each product display page.  However, we are sometimes constrained by the quality of information provided to us by our suppliers. 

If you see “Info not yet available”, or similar, we are working hard to get and verify that information and will update the website as soon as we get that information. 

If you are allergic to anything or are ever in any doubt, please contact us - we’re here to help! 

4. Product prices

All prices are in GBP and as quoted on each product display page on the website. 

Prices do not include delivery charges, these will be calculated and shown to you at checkout. 

We take care to ensure prices are displayed correctly. In the unlikely event that errors occur, we are not obliged to sell you the product at the incorrect price and reserve the right to cancel any orders placed at the incorrect price. If we decide not to cancel your order:

• if the correct price is less than the price we displayed on the website, we will charge you the lower price; and
• if the correct price is higher than the price we displayed on the website, we will contact you to confirm whether you would like to cancel the order or continue at the correct price.

We are not obliged to sell you a product at prices listed other than on the website (e.g. in newsletters, blog posts, press releases, social media posts).

Prices will change from time to time, but changes will not affect any orders already placed. 

5. Placing an order

You can click “Buy it now” to go through checkout for a single product. 

You can use “Add to cart” to go through checkout for multiple products. 

Follow on-screen instructions to provide us your contact details, delivery address, selected delivery method, and payment details in order to complete checkout. Remember, it is your sole responsibility to ensure all these details are provided to us correctly and in full. If you use express checkout options, it is your responsibility to ensure the address information is correct. 

After checkout is complete, you will receive an order acknowledgement email - this acknowledges we received your order, but it is not confirmation that we have accepted your order. 

If we accept your order, you will receive a dispatch confirmation email - this confirms that the contract between you and us has come into existence. Any communications sent to you by a courier (e.g. SMS text message, email) are not dispatch confirmation. 

6. Payment

Accepted payment cards and methods are as shown to you at checkout. 

Payment for the product and all applicable charges in full is required in advance at checkout. You own the products when we receive payment for the products in full, including any taxes, delivery charges, and other applicable fees payable to us. 

We reserve the right to validate personal information supplied by you when you place an order against appropriate third party databases in order to confirm your identity and for fraud prevention purposes. 

7. Voucher and promotional codes

You will be able to pay for an order in full or in part by redeeming a valid voucher or promotional code issued by us at checkout. 

Voucher and promotional codes:

• give you a discount for purchases made on the website up to the value as notified to you;
• cannot be used to purchase gift cards, digital products, or subscriptions;
• may have other restrictions, including expiry date, minimum spend requirement, and redemption only against specific products;
• can only be redeemed once; and
• unless otherwise stated, cannot be used in conjunction with any other offers, discounts, or promotions. 

8. Delivery

Delivery options and costs will be displayed to you at checkout. 

We can only deliver to valid addresses within the United Kingdom. 

The dispatch confirmation email will give you an estimated delivery date. Delivery dates and times are estimates only - any delays or failure to meet deadlines will not entitle you to cancel the order or reject the delivery. 

Delivery is considered complete when the order is handed to you or someone at the address, or as set out below. 

If no one is available at your address to take delivery, then delivery is considered complete when the courier:

• leaves your order in a safe place;
• leaves your order with a neighbour; or
• leaves you a note which informs you an attempt to deliver was made (it is then your responsibility to contact the courier to re-arrange delivery or collection from the  courier’s depot). 

The products are your responsibility once delivery is considered complete. 

Following a failed delivery attempt, or your failure to re-arrange a missed delivery, we will use reasonable efforts to contact you and try to resolve this together, but if you cannot be reached or re-delivery cannot be arranged, we reserve the right to cancel your order and charge you a reasonable fee for the costs which we incur using any payment method we have of you on file. Any balance of the purchase price remaining will be returned to you.

9. Cancellation, returns and refunds

Nothing in these terms affects your statutory rights.

14-day cooling off period 

You can cancel your order if you return a product to us within 14 days of the product being delivered to you - no questions asked - as long as the product is returned to us in its original condition (e.g. sealed, undamaged and not otherwise compromised or used). 

You will get a full refund, less any delivery charges already paid. 

The product arrived faulty!

Firstly, we are sorry to hear that’s happened. 

If the product arrives with you faulty, or otherwise not of satisfactory quality, or does not match its description, please contact us so that we can help. You will need to return the product to us in the same condition as you received it. Depending on when you return the product, different outcomes may apply:

• within 30 days of the product being delivered to you: you will get a full refund; and
• more than 30 days, but within 6 months of the product being delivered to you: if we cannot replace the faulty product, you’re entitled to a full refund.  If we can replace it, we’ll do that.

The wrong product was sent!

That’s no good either, we’re sorry. Please contact us so we can investigate and help. You will need to return the product to us within 30 days of the product being delivered to you in the same condition as you received it.

If we have made a mistake, we will replace the product at no additional cost to you. If we somehow cannot replace the product, we reserve the right to cancel your order and issue a full refund to you.

How to start a return?

We will need your name, email address, and order number in order to process a cancellation or return. 

You can always contact us by replying to the email address on your order acknowledgement or dispatch confirmation emails or emailing or phoning us directly. We will then walk you through the returns process. 

Are returns free?

It depends!

If you are returning the product due to it being faulty, not of satisfactory quality, or not matching its description, we will refund any reasonable costs that you incur to return the product to us. 

If the product is being returned to us for any other reason, you will be required to bear the full cost of the return.

It is your responsibility to pack the products securely to ensure they are returned to us in the same condition as you received them. 

Where to return your order?

You must return any unwanted products to: The Drink Shop Returns, Unit 3 Ton Business Park, 2-8 Morley Road, Tonbridge, TN9 1RA, including any order paperwork or order number in the package. 

Will refunds be the full order value?

Refunds will be less any delivery charges paid. Except for where we sent you a faulty product or we sent you the wrong product, in which case we will issue you a full refund. In any case, where we do refund the delivery charge, we reserve the right to refund only the cost of the cheapest delivery option, even if you chose a more expensive delivery option. 

We will inspect the returned products. If they are not in the same condition as you received them or are otherwise damaged, we will reduce the refund to reflect any reduction in the products’ value. If the value of the returned products drops to £0 based on their condition, then you will not be entitled to a refund. 

We can only refund using the same payment method used for the original purchase. 

We won’t refund you until we have received the returned product and determined that the products are returned in the same condition as you received them. 

If we do refund you, but later discover that you have not returned the products to us, or that you have handled the products in an unacceptable way, or that the products have been damaged during their return, we reserve the right to charge you using any payment method we have on file for you. Please note that you do not own any products (and they remain our property) for which you did not pay or for which you have received a refund. 

Missed the returns window?

We do not accept returns after the prescribed time periods, but we are humans living in the real world and understand that things might not always go as planned. Please always contact us and we will see what, if anything, we can do for you. 

10. Please behave…

DO NOT:

• misuse, tamper with, interfere with, damage or disrupt any part of the website, its functionalities, and any associated equipment, infrastructure, and/or network (e.g. by hacking or by introducing viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware, malware, adware, other programmes or similar computer code designed to breach security or to adversely affect or which are technologically harmful to the operation of any computer software or hardware);
• attempt to gain unauthorised access to the website and/or any infrastructure on which the website is built on or connected to;
• attack the website by any means, whether via a denial-of-service attack or otherwise;
• reproduce, duplicate, copy, use or re-sell any part of the website (e.g. content, text, images, tasting notes) anywhere else without our prior consent - note that we own (or have the right to use) all intellectual property rights on the website;
• use any part of the website for any commercial purposes; 
• use the website in any way that breaks any law or regulation;
• attempt to obtain products on the website using fraudulent means;
• use the website in any fraudulent manner or so as to harm others in any way; and/or
• transmit unsolicited advertising materials via the website.

If you misbehave, where:

• you fail to comply with any of these terms or we have reason to believe that there is any attempt to circumvent or frustrate these terms; and/or
• you are in breach or we have reason to believe you are in breach of relevant laws or regulations,

we reserve the right to do the following without any liability to you:

• cancel any order;
• suspend fulfilling any order;
• cease providing goods to you until further notice;
• suspend or disable any account you have with us on the website;
• block your access to the website;
• report you and disclose information to the relevant authorities; and/or
• take appropriate legal action against you.

If you misbehave… You agree to compensate us against all liabilities, costs (including, but not limited to reasonable professional and legal costs and expenses), expenses, damages and losses suffered or incurred by us arising from your misuse of the website or your breach of these terms. 

11. Our liability to you

If we:

• are in breach of these terms; and/or
• act negligently,

and that results in you suffering any foreseeable loss or any damage that is an obvious consequence of our breach or actions, or any loss or damage which was contemplated by us and you at the time of the contract coming into existence, we shall be liable for that foreseeable loss or damage. 

We are not liable for any losses or damages:

• which are not foreseeable;
• relating to any commercial use of the products and the website, including loss of profit, loss of business, business interruption, or loss of business opportunity;
• in connection with your failure to provide correct billing and delivery information (including your failure to attach correct address information to any express checkout payment service which you use to place an order);
• relating to the website changing or becoming unavailable - we do not guarantee that the website, or any content within it, will be error-free, secure, free from bugs or viruses, or that access will always be uninterrupted. We recommend using your own virus protection strategies when using any website; and
• in connection with your failure to observe and comply with product warnings or storage and use instructions as available to you either on the website or upon reasonable examination of the products.

We do not in any way exclude or limit our liability for:

• death, personal injury or damage to private property which is caused by a faulty product; or
• fraud or fraudulent misrepresentation.

12. Events we can’t control

Events we can’t reasonably control include (but are not limited to) breach of contract by a courier or other sub-contractor or supplier, strikes or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, but exclude any actions or omissions by you which frustrates or hinders our performance of our obligations under these terms.

If such events happen and they affect our ability to perform our obligations under these terms or to supply products to you, we will:

• notify you as soon as reasonably possible;
• take reasonable steps to minimise disruptions; and
• suspend performance of our obligations until such time the relevant events are resolved,

and if we are affected by such events for more than 30 days, you may cancel your order and we will refund you the full value of the order (including delivery charges) when you return the products to us in original condition.

13. Your personal data

We will only collect and process your personal data in accordance with our privacy policy, primarily in order to improve the website and to provide goods to you. If you have any questions, please get in touch.

14. General

• We may revise these terms from time to time to reflect changes in how we operate and/or changes in relevant laws and regulatory requirements. The version of the terms online at the time when you complete checkout will be the terms which apply to you.
• No other person shall have any rights to enforce these terms apart from you and us, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Each section and paragraph of these terms operate separately. If any court or relevant authority decides that any of them are unlawful or enforceable, the remaining sections and paragraphs will remain in full force and effect.
• To be clear, references to we, us, our refer to Atom Supplies Limited, a company registered in England and Wales (company number 03193057), with registered address at Unit 1, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA and VAT number: GB 662241553. We operate the website and we are also the seller of products on the website.
• These terms and our relationship with you are governed by English law and the courts of England shall have non-exclusive jurisdiction to hear disputes relating to these terms and your use of the website. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland. If you are a resident of Scotland, you may also bring proceedings in Scotland.