TERMS & CONDITIONS
WHO WE ARE
We are Ed’s Trading Limited trading as Eager Drinks ("we", "our", or "us"). We are a company registered in England with company number 05495111 and our registered office is The Ascott Suite, Greystones House, Burford Road, Chipping Norton, Oxfordshire, OX7 5XA. Our registered VAT number is 864994460.
HOW TO CONTACT US
If you have any questions or want to get in touch, please email us at email@example.com or write to us at our registered office above or call us on +44(0) 845 388 2082. If we have to contact you we will do so by the details you provided to us in your order. In these Terms, when we use the words "writing" or "written" in these terms, this includes emails.
ABOUT THESE TERMS
These terms and conditions ("the Terms") govern the users' ("you" or "your") use of the website eagerdrinks.com (the "Website") and your relationship with us. Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website. If you have any queries regarding these Terms, or would like them in another format (for example large print) then please contact us.
YOUR ACCOUNT AND PASSWORD
By using this Website, you warrant that:
- The personal information which you are required to provide when you register or place an order is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
- You will notify us immediately of any changes to the personal information by updating your account or emailing our customer service representatives at: firstname.lastname@example.org.
- If you choose a username, password or similar as part of our security procedures, you will treat such information as confidential. You will not disclose it to any third party.
- You will abide by these Terms and the terms and conditions of Shopify, our eCommerce platform provider. Their terms can be found here: https://www.shopify.com/legal/terms.
We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
HOW WE MAY USE YOUR PERSONAL INFORMATION
The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
We are under a legal duty to supply you with goods that are in conformity with this contract.
The packaging of the goods may be different from that shown on the Website.
While we try to make sure that all weights, sizes and measurements, are accurate as possible, there may be a small tolerance in such weights, sizes and measurements in some goods.
If your goods are faulty, please contact us using the contact details at the top of this page.
While you hold a subscription with us, we will accept an order from you for the requested goods, at the agreed price and agreed schedule. Any subscriptions will be processed by https://rechargepayments.com/subscribe-with-recharge/.
MODIFICATIONS TO GOODS AND PRICES
Prices for our goods may change without notice.
We reserve the right at any time to modify or discontinue any goods without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our goods.
Where you have a subscription with us, we will notify you within 30 days of any changes in price or goods that affect your subscription.
INFORMATION WE GIVE YOU
We must give you certain key information before a legally binding contract between you and us is made when you buy from us. This key information will be included on our Website, in your Dispatch Confirmation email, or can be requested from us via email using the contact details at the top of this page. The key information we give you by law forms part of this contract (as though it is set out in full here).
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.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we debit your credit, debit card or PayPal account; we shall send you an email confirming that the contract has been concluded ("Order Confirmation"). The contract will relate only to those goods or services whose purchase we have confirmed in the Order Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the purchase of such goods or services has been confirmed in a separate Order Confirmation.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The goods sold on the Website are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe goods are being ordered in breach of this provision.
You will receive an email confirming when the goods have been dispatched (“Dispatch Confirmation”). The Dispatch Confirmation will include a tracking link provided by DPD.
You will assume the risk for the goods once they have been delivered to the delivery address which you specified when ordering the goods. We accept no liability where you provide an incorrect delivery address or where you fail to collect goods from the delivery address which you specified.
If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
PRICE AND PAYMENT
By placing an order on our Website, you warrant that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.
All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).
The costs of delivery will be as displayed to you on our Website.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
RIGHT TO CANCELLATION AND EFFECTS OF CANCELLATION
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
You have the right to cancel this contract within 14 days without giving any reason (for example, if you have simply changed your mind).
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
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. You can also cancel the contract by calling the phone number on the Website.
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.
If you cancel this contract we will reimburse to you all payments for the goods received from you, excluding the costs of delivery. We may also require you to send the goods back to us, and this will be at your cost. You must send off the goods within 14 days of telling us you wish to end the contract.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (for example, handling them in a way which would not be permitted in a shop) or any consumption of the goods.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods.
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.
If our goods are faulty or not as described, or if we make a change to the contract that you do not agree with, you are entitled to cancel the contract. You can ask us for a refund, or replacement of the products. Where our goods are faulty, we will refund you the price paid for the goods and any delivery charges.
Where you consider that our goods are defective, faulty, not fit for purpose or otherwise do not comply with the information we have provided, please contact us as soon as possible and we will do what we can to make things right for you.
Where our goods are faulty, you are entitled to a full refund within 30 days of receiving the goods; or within six months of receipt to a full refund in most cases if the goods cannot be replaced; or a potential partial refund after six months, where the goods were expected to last this long. We expect many of our products to last six months, but as they are juices, they could deteriorate in terms of flavour and appearance after six months and as such we will not be able to replace or refund you in these circumstances.
If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please contact us to arrange this.
We may end the contract if you break the contract or any of these Terms. For example, we may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due (for example, in respect of a subscription) and you still do not make payment within 7 days of us reminding you that payment is due, or if you do not provide any information that we reasonably require to perform the contract. If we end the contract in these circumstances, we will refund any money you have paid in advance for products we have not provided.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:
- Upload or transmit any worms or viruses or any code of a destructive nature.
- Upload or transmit any material which is defamatory, offensive or of an obscene character.
- Attempt to gain unauthorised access to our Website.
- Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
THIRD PARTY LINKS
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
No one other than a party to this contract has any right to enforce any term of this contract.
We are the owner of or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website in any way except for your own personal, non-commercial use.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Please note that we only provide our Website for domestic and private use (not business use - if you wish to purchase our products as a business, please contact us and we will agree separate terms of business).
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:
- Losses that were not foreseeable to you and us when the contract was formed;
- Losses that were not caused by any breach on our part;
- Business losses (including loss of profit, loss of business or loss of opportunity); or
- Losses to non-consumers.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you, except where you have already placed an order with us.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of any part of the UK in which you live.
If you have any questions about us, our products or any material which appears on our Website, or want to discuss anything else with us, please contact email@example.com.
SUMMARY OF YOUR KEY RIGHTS:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, 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.
As we sell juice, let us know as soon as possible if there’s something wrong with one of our products – its expected lifespan might be less than six months (and certainly less than six years!)
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. It is not intended to replace the contract below, which you should read carefully.