Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Please note that if you are under the age of 18 you may not buy anything on our website.
1.1 If you buy products on our Site (http://www.seventyonegin.com/) you agree to be legally bound by this contract.
1.2 These terms and conditions apply if you are buying products on our Site as a consumer (i.e. for purposes outside of your business, craft or profession), apart from those provisions which are stated to apply 'if you are a business customer'.
1.3 If you are buying products on our Site in the course of business, our business terms and conditions apply to such purchases, there terms and conditions apply, apart from those provisions which are stated to apply 'if you are a consumer', or if we have agreed separate terms and conditions with you in writing.
1.4 This contract is only available in English. No other languages will apply to this contract.
1.5 When buying any products on our Site you also agree to be legally bound by:
1.5.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply.
1.6 All of the above documents form part of this contract as though set out in full here.
1.7 In this contract, the following definitions apply:
Customer: the person or firm who purchases the products from the Supplier.
Force Majeure Event: has the meaning given in clause 15.
Order: The Customer’s order for the products as set out in the Customers online order.
Supplier: Atlas Beverages Ltd, a company registered in England and Wales under company number 11983723 with registered office at 2nd Floor Gadd House, Arcadia Avenue, London, N3 2JU, United Kingdom ('we', 'our', 'us'), with VAT number 372 8723 71.
1.8 If you have any questions about this contract or any Orders you have placed, please contact us by sending an email to email@example.com.
2.1 This clause only applies if you are a consumer. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 visit the relevant product page for the product you wish to purchase.
2.1.2 read the acknowledgement email (see clause 4.4); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an Order on our Site by selecting the products you want to purchase and following the instructions. Please read and check your Order carefully before submitting it.
4.3 Please note that Orders for personalised products cannot be cancelled nor will any refunds be granted unless they are faulty.
4.4 When you place your Order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your Order has been accepted by us.
4.5 We may contact you to say that we do not accept your Order. This is typically for the following reasons:
4.5.1 the products are unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the products from us;
4.5.4 we are not allowed to sell the products to you;
4.5.5 you have ordered too many products; or
4.5.6 there has been a mistake on the pricing or description of the products.
4.6 We will only accept your Order when we email you to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and us.
4.7 This contract applies to your purchases from us to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless this has been agreed in writing between the Customer and the Supplier.
4.8 The Order constitutes an offer by the Customer to purchase the products in accordance with this contract. The Customer is responsible for ensuring that the terms of the Order submitted by the Customer are complete and accurate.
4.9 The contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the contract.
4.10 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract or have any contractual force.
4.11 A quotation for the products given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 calendar days from its date of issue.
5.1 You have the right to cancel this contract within 14 days without giving any reason, unless you have ordered personalised products (please see clause 5.5).
5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the courier and indicated by you acquires, physical possession of products.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.5 Orders for personalised products cannot be cancelled nor will any refunds be granted unless they are faulty.
5.6 The Customer may cancel this contract at any time up to two working days after the Order was placed, with the exclusion of Orders which have already
5.7 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page within two working days after the Order was placed.
6.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 Our packaging is an important feature of each of our products so do not remove the product packaging if you think you may want to cancel this contract – if you cancel and any product is returned in a condition which means it is not resaleable (including due to damage to packaging or the seal being broken on the packaging), we reserve the right to refuse a refund. This does not affect your statutory rights.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we received back from you any products supplied; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the products; or
6.3.3 if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5 We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
6.6 If you have received products:
6.6.1 you shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired; and
6.2.2 you will have to bear the direct cost of returning the products.
6.7 If you cancel this contract, we will reimburse to you in relation to the purchase price of the products, however where the products have already been dispatched, the Customer will still be liable for the cost of delivery and the cost of return.
6.8 The Customer may return the products to the Supplier at the cost and risk of the Customer. Any return must be made within 5 working days of delivery of the products.
6.9 If the Supplier requires return of the faulty products, this will be arranged by the Supplier / at the cost of the Supplier.
6.10 Refunds will be processed within 28 days of receipt and acceptance of the cancelled products or if there were no products supplied, 28 days after the day on which we are informed about your decision to cancel this contract.
6.11 Our packaging is an important feature of each of our products so do not remove the product packaging if you think you may want to cancel this contract – if you cancel and any product is returned in a condition which means it is not resaleable (including due to damage to packaging or the seal being broken on the packaging), we reserve the right to refuse a refund.
7.1 This clause only applies if you are a consumer. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The products that we provide to you must be as described, fit for purpose and of satisfactory quality.
7.2 We are under a legal duty to supply you with products that are in conformity with this contract.
7.3 The packaging of the products may be different from that shown on the Site.
7.4 While we try to make sure that:
7.4.1 all weights, sizes and measurements set out on the Site are as accurate as possible, there may be minor differences in such weights, sizes and measurements in the products you receive; and
7.4.2 the colours of our products are displayed accurately on the Site, the actual colours that you see on your device may vary depending on the device that you use.
7.5 Any products sold at discount prices or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
7.6 If we can't supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:
7.6.1 we will let you know if we intend to do this but this may not always be possible; and
7.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
8.1 Customers must be at least 18 years old (the legal minimum age to purchase or consume alcohol within the UK) to purchase products from our Site.
8.2 Proof of age must be provided if requested by the Supplier.
8.3 By completing the Order the Customer is confirming they are legally able to purchase alcohol in the UK.
8.4 If the Supplier believes that alcohol is being purchased for people under the minimum age to consume alcohol, the Order will be cancelled. If the Order has been personalised before the Supplier is made aware that the purchase is intended for someone under the minimum age for alcohol refunds will not be granted.
9.1 This clause only applies if you are a consumer. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the bottom of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please.
9.1.1 contact us using the contact details at the top of this page; or
9.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 If your products are faulty, please contact us using the contact details at the top of this page.
10.1 The prices payable for the products are set out on the Site. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 10.8 for what happens if we discover an error in the price of the product you order.
10.2 All prices are inclusive of UK VAT and UK alcohol duties unless otherwise stated.
10.3 The purchase price does not include the delivery charge.
10.4 Payments must be made in full and fully authorised by the card provider / account provider before Orders are dispatched.
10.5 Payment can be made by Maestro, Visa, Mastercard, Debit Card, PayPal, Apple Pay, Amazon Pay, Google Wallet and American Express.
10.6 Products will only be dispatched when payment has cleared.
10.7 All payments and refunds will be made in GBP (£).
10.8 You own a product once we have received payment in full.
10.9 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your Order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.1 We use a courier service to deliver our products. During the online checkout process, you will be given available delivery options to choose from and delivery will be charged at the rate detailed on the Order at the time of purchase.
11.2 The estimated date for delivery of the products is set out in the Confirmation Email.
11.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
11.4 Delivery will take place at the address specified by you when you placed your order with us.
11.5 We cannot deliver the products if we are unable to properly identify the recipient. Our courier must be provided with a form of ID (passport or photocard driving licence).
11.6 If you are a customer, unless you and we agree otherwise, if we cannot deliver your products within 30 days of the date of your Confirmation Email, we will:
11.6.1 let you know;
11.6.2 cancel your Order; and
11.6.3 give you a refund.
11.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
11.8 You are responsible for the products once they have been delivered to the address specified by you when you placed your Order with us. In other words, the risk in the products passes to you when you take, or a third party notified by you takes, possession of the products.
11.9 We do not make deliveries to any addresses outside of the UK. For the avoidance of doubt the Supplier does not deliver to PO Box addresses or to BFPO's. Should the selected address be a PO Box or BFPO we will contact the Customer for an alternative address which will likely result in delays to dispatch and delivery.
11.10 We may deliver your products in instalments.
11.11 The Supplier’s couriers will request proof of identification (with a photograph) to verify the age of the person accepting delivery. If such person is unable to produce acceptable identification the products will be unable to be delivered and will be returned to the Supplier.
11.2 The Supplier's instructed courier will attempt to deliver to the address provided by the Customer. If delivery is unsuccessful the courier will leave communication regarding rearranging delivery. If no response is received by the courier they reserve the right to return the parcel to the Supplier premises. The cost of any return along with redelivery costs must be received in advance on re-dispatching the parcel. Should the Customer request a refund of the products, the return delivery costs to the Supplier’s premises will be deducted from the refund amount (and no refund will be payable in respect of personalised products).
11.13 If you are a business customer: Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.
12.1 If a business Customer becomes subject to any of the events listed in clause 12.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Order or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of products delivered to the Customer shall become immediately due.
12.2 For the purposes of clause 12.1, the relevant events are:
12.2.1 the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
12.2.2 the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
12.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
12.2.4 (being an individual) the Customer is the subject of a bankruptcy petition or order;
12.2.5 a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
12.2.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
12.2.7 (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
12.2.8 a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
12.2.9 any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2.1 to clause 12.2.8 (inclusive);
12.2.10 the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
12.2.11 the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Order has been placed in jeopardy; and
12.2.12 (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
12.3 If before title to the purchase passes to the Customer, the Customer becomes subject to any of the events listed in clause 12.2, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the products and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the products are stored in order to recover them.
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
14.1.1 losses that were not foreseeable to you and us when the contract was formed;
14.1.2 losses that were not caused by any breach on our part;
14.1.3 business losses; or
14.1.4 losses to non-consumers.
14.2 If you are a business customer, subject to clause 13.1:
14.2.1 for the avoidance of doubt, the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
14.2.2 the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Order.
Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
No one other than a party to this contract has any right to enforce any term of this contract.
A waiver of any right or remedy under this contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy
Except as set out in this contract, any variation to the Order, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.
Any dispute or claim arising out of or in connection with the Order or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your products, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, you can get a refund;
up to six months: if it can't be repaired or replaced, then you’re entitled to a full refund in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract above, which you should read carefully.