Terms & Conditions

TERMS & CONDITIONS

OFFLINE SALES TO TRADERS

1. Terms & Conditions

1.1 All Goods are sold on these Terms & Conditions to the exclusion of all other terms and conditions of business, including any that the Purchaser may send to the Supplier or require the Supplier to accept through a purchase order process, and all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law. None of the Purchaser’s employees or agents has authority to modify or supplement these Terms & Conditions.
1.2 If there are any inconsistencies between these Terms & Conditions and any of the provisions of the Order Form, these Terms & Conditions shall take precedence.
1.3 The individual signing the Order Form on behalf of the Purchaser represents and warrants that he/she has the authority to bind the Purchaser.
1.4 We reserve the right to update these Terms & Conditions from time to time at our discretion, provided that any such updates shall not apply to any Order Form already accepted.

2. Definitions

In these Terms & Conditions, the following words have the following meanings:

​2.1 Goods: the goods identified in the Order Form;
2.2 IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.3 Order Form: the document containing the details of the Goods;
2.4 Price: the price for the Goods;
2.5 Purchaser/you: the purchaser identified in the Order Form;
2.6 Supplier/we: O’Shaughnessy Drink Company Limited of Initial Business Centre, 3rd Floor, 207 Regent Street, London W1B 3HH;
2.7 Working Days: any day other than a Saturday, Sunday or public holiday in England and Wales.

3. Goods

3.1 All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are not available and we may offer an alternative Good of equal or higher quality and value or provide a refund for sums paid.
3.2 You may only purchase Goods from us if you are at least 18 years old and the delivery address is in a country where we are lawfully able to sell the Goods. Please note, we are aware that we cannot lawfully sell the Goods in Germany. At our request, you shall provide documentary evidence of your age.
3.3 All samples, descriptive matter and advertising issued by Supplier and any descriptions or illustrations contained in Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of these Conditions.
3.4 The Goods contain CBD/Cannabidiol. The Goods are not a substitute for or an alternative to any other medical or therapeutic services or treatment. The Goods are not intended treat or cure any illness or disease or replace a varied and balanced diet. In selling the Goods, the Purchaser must comply with all applicable laws, regulations and guidelines.

4. Price, Delivery, Collection

4.1 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address.
4.2 Unless we otherwise agree in an Order Form, we must receive payment of the whole of the Price for the Goods that you order, including the delivery cost before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in the Order Form. Our acceptance of your order brings into existence a legally binding contract between us which comprises the Order Form and these Terms & Conditions.
4.3 The Price payable for Goods and the costs of delivery are set out on the Site or as otherwise notified to you. We reserve the right to change the Price and costs of delivery at any time, although such changes shall not apply to any order accepted by us.
4.4 Delivery or collection dates set out in an Order Form or otherwise requested by a Purchaser or given by the Supplier are given or accepted by the Supplier in good faith but are not guaranteed. If you do not receive the Goods, or we do not notify you that they are available to collect, within such timescale you should notify us accordingly.
4.5 You shall take delivery of the Goods and delivery shall be effective when the Goods are unloaded at the delivery address, or you shall collect the Goods within 5 (five) Working Days of a notice from us that they are ready to collect. It is your responsibility for ensuring that the delivery address is suitable to store the Goods. You are responsible for all storage costs, additional delivery costs and other costs incurred by us as a result of your failure to take delivery or collection of the Goods.
4.6 We may deliver the Goods or make the Goods available for collection by instalments.
4.7 Goods for delivery overseas may be subject to additional charges such as import duties and taxes, which are levied once the Goods reach the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that Goods for delivery overseas may be opened and inspected by customs authorities.

5. Obligation to Inspect

5.1 You must inspect the Goods on delivery or collection, as the case may be, and notify us of any damaged Goods or missing Goods within 2 (two) Working Days from and including the date of delivery or collection. The Goods are deemed to be accepted if no notice is received within such time period.
5.2 We reserve the right to inspect the Goods, or require you to provide appropriate evidence, including photographs, of any damaged Goods, before we accept returned Goods. If we are satisfied that the Goods are damaged, or that there are missing Goods, we shall arrange for a collection or request that you return the Goods to us, and at our discretion, replace the damaged or missing Goods or refund the amount paid by you for the Goods in question. From receipt of the Goods until we collect or receive the Goods as the case may be, you shall store the Goods in accordance with our instructions. SUCH REFUND OR REPLACEMENT SHALL BE DETERMINED BY US AND SHALL BE OUR SOLE LIABILITY IN RELATION TO ANY REJECTED PRODUCTS.
5.3 We will be under no liability or further obligation in relation to damaged or missing Goods if (a) you fail to provide notice as set out above; (b) you make any further use of the Goods following notice to us for example, you continue to offer the Goods for sale; and/or (c) the damage arises from your acts or omissions following delivery.
5.4 Notwithstanding delivery or collection of the Goods, ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of the Goods.
5.5 Until ownership of the Goods has passed to you, you shall: (a) store the Goods in accordance with our instructions and separately from all other goods and in such a way that they remain readily identifiable as our property; and (b) maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction.
5.6 You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored (a) in order to inspect them, and, (b) if you have failed to pay all sums due by the due date or if you take steps to enter into liquidation or administration, to recover the Goods.

6. Cancellation by us

6.1 We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Goods you have ordered; (b) we do not deliver Goods to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Goods you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order Form. We will not be obliged to offer any additional compensation for disappointment suffered.

7. Liability

7.1 Except to provide a refund of the Price paid, we shall have no additional liability to you for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
7.2 To the extent permitted by law, we will not be liable to you for any loss of profit, loss of business, loss of goodwill, reputation or wasted expenditure, or for any indirect or consequential loss, damage or expenses howsoever arising out of the Goods whether or not advised of the possibility of the same.
7.3 Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Goods that are the subject of the claim.
7.4 Nothing in these Terms & Conditions is intended to limit our liability for fraud, death or personal injury or other loss that may not be excluded or limited by English law.

8. General

8.1 These Terms & Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site and the sale, delivery and return of Goods.
8.2 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
8.3 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
8.4 We shall process all personal data that you provide to us in accordance with the terms of our Privacy Policy located on the Site.
8.5 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: March 2018

ONLINE SALES TO CONSUMERS

1. Terms & Conditions

1.1 All Goods are sold on these Terms & Conditions to the exclusion of all other terms and conditions.
1.2 If there are any inconsistencies between these Terms & Conditions and any of the provisions of the Order Form, these Terms & Conditions shall take precedence.
1.3 We reserve the right to update these Terms & Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent Order Form you may complete. We recommend that you review these Terms & Conditions before every purchase of Goods that you make.

You may only order Goods online as a consumer. If you are a business wishing to purchase Goods for commercial re-sale or otherwise, please contact us at info@oshaughnessydrinkcompany.com

2. Definitions

In these Terms & Conditions, the following words have the following meanings:

2.1 Goods: the goods identified in the Order Form;
2.2 IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.3 Order Form: the online form containing the details of the Goods;
2.4 Price: the price for the Goods;
2.5 Purchaser/you: the purchaser identified in the Order Form;
2.6 Site: the website operated by the Supplier;
2.7 Supplier/we: O’Shaughnessy Drink Company Limited of Initial Business Centre, 3rd Floor, 207 Regent Street, London W1B 3HH; and
2.8 Working Days: any day other than a Saturday, Sunday or public holiday in England and Wales.

3. Goods

3.1 All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are out of stock, and provide a refund for sums paid.
3.2 You may only purchase Goods from us if you are at least 18 years old and the delivery address is in a country where we are lawfully able to sell the Goods. Please note, we are aware that we cannot lawfully sell the Goods in Germany. At our request, you shall provide documentary evidence of your age.
3.3 The Goods shall be of satisfactory quality and fit for purpose.
3.4: DISCLAIMER: PLEASE READ THIS SECTION CARFEFULLY. The Goods contain CBD/Cannabidiol. Do not exceed the recommended daily dose. Store the Goods out of the reach of children. The Goods are not a substitute for or an alternative to any other medical or therapeutic services or treatments that are available or for any medication prescribed to you. The Goods are not intended to treat or cure any illness or disease. We make no medical claims in relation to the Goods. You should contact your doctor or other medical practitioner before you begin to use the Goods particularly if you are currently taking other medication or are otherwise ill or if you are pregnant or nursing.

4. Price, Delivery

4.1 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address.
4.2 We must receive payment of the whole of the Price for the Goods that you order, including the delivery cost before your order can be accepted. We accept payment through our payment provider, Zion. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in the Order Form. Our acceptance of your order brings into existence a legally binding contract between us which comprises the Order Form and these Terms & Conditions.
4.3 The Price payable for Goods and the costs of delivery are set out on the Site. We reserve the right to change the Price and costs of delivery at any time, although such changes shall not apply to any order accepted by us.
4.4 We will use all reasonable endeavours to deliver the Goods in accordance with the delivery timescale you select. If you do not receive the Goods within such timescale, you should notify us accordingly.
4.5 Goods for delivery overseas may be subject to additional charges such as import duties and taxes, which are levied once the Goods reach the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that Goods for delivery overseas may be opened and inspected by customs authorities.

5. Right to Cancel

5.1 You may cancel your contract with us for the Goods ordered through the Site by contacting us by email at info@oshaughnessydrinkcompany.com or writing to Initial Business Centre, 3rd Floor, 207 Regent Street, London W1B 3HH within 14 days from the date you receive the Goods, clearly stating the following: your name, address, your phone number, email address and full details of the order you wish to cancel.
5.2 If you do cancel your contract, you must take reasonable care of the Goods whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Goods to us within 14 days of the notice to cancel, and you must return the Goods at your own cost and risk. We strongly recommend that you send the Goods back to us via a recorded post service and obtain a certificate of posting. We will not refund you if we do not receive the returned Goods. Please also make sure you package the Goods appropriately to avoid damage.
5.3 We will refund any sums paid for the Goods returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Goods.
5.4 If you do not return all of the Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Goods are damaged during the course of returning the Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.
5.5 The provisions of this Condition 5 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Goods that are damaged or defective; or (b) refund to you the amount paid by you for the Goods in question. You must return the Goods to us or make the Goods available for collection in accordance with our reasonable request as soon as possible after informing us that the Goods are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Goods.

6. Cancellation by us

6.1 We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Goods you have ordered; (b) we do not deliver Goods to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Goods you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order Form. We will not be obliged to offer any additional compensation for disappointment suffered.

7. Use of the Site

7.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
7.2 Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
7.3 The Site is made for your own use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
7.4 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. We have used reasonable endeavours to prepare the content of the Site, however, any representations, warranties or conditions of any kind in relation to the Site and its content are hereby expressly excluded to the maximum extent permitted by law.
7.5 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
7.6 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Goods, content or features from the Site for any reason.

8. Liability

8.1 Except to provide a refund of the Price paid, we shall have no additional liability to you for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.2 Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Goods that are the subject of the claim.
8.3 If there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £25 per device provided that you have complied with these Terms & Conditions.
8.4 Nothing in these Terms & Conditions is intended to limit any rights or remedies that you might have as a consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

9. General

9.1 These Terms & Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site and the sale, delivery and return of Goods.
9.2 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.3 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
9.4 If you have any complaint or wish to raise a dispute in relation to the Site please follow this link http://ec.europa.eu/odr
9.5 We shall process all personal data that you provide to us in accordance with the terms of our Privacy Policy located on the Site.
9.6 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: March 2018