DRINKSAPP - Delivering drinks to Basildon, Wickford, Billericay, Pitsea, Laindon and Vange.
These terms and conditions (together with the policies referred to in it) tell you the terms and conditions on which we and our independent partner suppliers and delivery providers supply our service through our mobile application software or our website (“www.drinksapp.co.uk”) (the “Service“).
References to “you” are to the person accessing and using the Service.
Please read these terms carefully before you submit your order. By placing an order you agree to be bound by these terms. If you do not accept these terms please do not use our Service.
These terms tell you who we are, how we provide the Service, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.1. Our Service is operated and provided by DrinksApp (Max Smith/Nick Metson) Partnership (“DrinksApp” or “we” or “us“).
1.2. You can contact us at firstname.lastname@example.org
1.3. If we have to contact you we will do so by telephone or by writing to you at the email address or telephone number you provided to us in your order.
1.4. When we use the words “writing” or “written” in these terms, this includes emails.
DrinksApp is a late night alcohol delivery service based in Basildon, Essex.
3.1. Once you place an order, you will receive a confirmation email. This is to confirm we have acknowledged your order.
3.2. We have the right to reject orders if an order is not practical or has been requested outside of our delivery times, as stated on our website About DrinksApp page. We will notify you as soon as reasonably practicable if an order has been rejected. Rejected orders will be refunded within a 7 day period. We have discretion to reject orders at any time. This may be due to us being too busy, due to adverse weather conditions or for any other reason.
4.1. DrinksApp is available Sunday-Thursday (9pm until 2.30am the next day) and Friday-Saturday (9pm until 5am the next day) Certain days such as Christmas or New Years Eve our operation times may vary. The most up to date operation times will be available on our social media accounts or our About DrinksApp page.
4.2. We shall use our reasonable endeavours to fulfil the Order within 60 minutes of you receiving the Confirmation Email unless otherwise notified.
4.3. Estimated times for deliveries are only estimates. We do not guarantee that Orders will be delivered within the estimated times.
4.4. We will only deliver orders to you, the customer, at a residential address and not public places. i.e Parks, Train Stations, Car Parks.
4.5. We will not enter a block of flats due to the safety of our drivers. You must come to the car of the driver to collect the order at your premises. You will need to bring your ID. Our driver will call the number provided as soon as they arrive.
4.6. We have the right to cancel your order if our drivers are met with antisocial behaviour or are kept waiting at your premises for an unreasonable length of time. A cancellation fee of £5 will be applied (See 7.3)
5.1. By placing an Order you warrant that you are legally capable of entering into a binding contract and are at least 18 years old. You must be the individual who meets the Driver on delivery of the Order.
5.2. You acknowledge and agree that:
5.2.1. pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
5.2.2. cigarettes are not for sale to persons under the age of 18; and
5.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.
5.3. We reserve the right to refuse the delivery of any alcohol to any person who does not appear or cannot prove to be at least 18 years old. We also reserve the right to refuse the delivery of any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
5.4. In the event that we refuse the delivery of any alcohol in accordance with paragraph 5.3 the Order will be cancelled. In the event that we cancel an Order a cancellation fee of £5 , as compensation for the net costs we will incur as a result of your breaching these terms, will be charged to you and the remaining balance (less the cancellation charge) of your Order will then be reimbursed to your credit, debit card or PayPal account used to make the Order.
6.1. The price of any products in your Order and the delivery charges will be the price indicated on the order pages of our Service when you placed your Order. Prices include VAT. We take all reasonable care to ensure that the price of products and delivery charges are correct.
6.2. It is always possible that, despite our best efforts, some of the products may be incorrectly priced on our Service. Where the product’s correct price at your order date is higher than the price stated on our Service we will contact you for your instructions before we accept your Order.
6.3. Payment for Orders can be made by an accepted credit/debit card or PayPal account. Once your Order has been confirmed, your credit/debit card or PayPal payment will be authorised and the Order amount will be marked for payment.
7.1. You have the right to cancel any Order before its delivery to you. We will refund you the price of your Order including delivery costs, by the method you used for payment.
7.2. In the event that you cancel an Order, a cancellation fee of £5 will be charged to you and the remaining balance (less the cancellation charge) will then be reimbursed to your PayPal, credit or debit card used to make the Order.
7.3 In the event we cancel an Order due to a breach in our terms and conditions, a cancellation fee of £5 will be charged to you and the remaining balance (less the cancellation charge) will then be reimbursed to your PayPal, credit or debit card used to make the Order.
8.1. We do not give any undertaking that the products ordered will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties and we cannot guarantee that any of the products sold are free of allergens.
8.2. We provide you with access to our Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Service, or be otherwise implied or incorporated into these terms, by statute, common law or otherwise).
8.3. Subject to paragraph 8.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service (including the use, inability to use or the results of use of the Service) for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
8.4. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
8.5. In the event that we are found to be liable to you our total aggregate liability is limited to the price of your Order.
9.1. For the purposes of these terms, “Force Majeure Event” means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of a Retailer or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of our Drivers.
9.2. We shall not be liable to you as a result of any delay or failure to perform our obligations under these terms as a result of a Force Majeure Event.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.
These terms and any document referred to in them constitute the whole agreement between you and us and supersede all previous correspondence, arrangements, understandings or agreements between us relating to the subject matter.
We may update our Service from time to time, and may change the content on our Service at any time. However, please note that any of the content on our website or mobile application software may be out of date at any given time, and we are under no obligation to update it.We do not guarantee that our website or mobile application software, or any content on them, will be free from errors or omissions.
These terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).