Terms and Conditions
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we" means IntelligentX Products Limited; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to the payment area of our website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.1 When purchasing a subscription you will be informed of the frequency of the payments, e.g. monthly, weekly etc. Later payments will be taken from the same card used for the initial purchase. Please contact us on email@example.com if you would like to change the payment method, or delivery address.
4.2 Once payment has been taken for a subscription box we are unable to refund or cancel that delivery. You are able to cancel your subscription at any time before the next payment is taken, provided that all boxes that have been already paid for have been dispatched. For example if you buy a subscription with the first 3 boxes prepaid, then you can't cancel until after the third box has been dispatched. Please allow 2 working days before the next subscription payment is due (this is visible in your account) to cancel a subscription to allow us time to affect this and hold your subsequent orders.
4.3 Subscription boxes will normally be dispatched shortly after payment is taken. Should your payment fail, you will be contacted to provide a new payment method. No deliveries will be sent out until payment issues are resolved.
5.1 By purchasing a subscription pre-order, you are purchasing the first box in our subscription plan before the product is available.
5.2 Payment for the pre-order will be taken as soon as the order process is completed. Once payment for a pre-order product has been taken, we are unable to refund or cancel that order.
5.3 In order to redeem your pre-order, you must sign up to our subscription service using the discount code we provide. This will grant you a 100% discount from the first box in your subscription.
5.4 You may cancel your subscription according to the subscription cancellation policy in section 4.2.
5.5 You will be informed of the expected delivery date of the product; The delivery date is our estimate, and we do not guarantee delivery by this date; We will use reasonable endeavours to inform you of any changes to the delivery date.
5.6 Products will be delivered on a first-ordered first-served basis, when the products are launched.
6. Age requirements
6.1 We will only take orders for alcohol-based products to persons who are over the legal age, which is 18 years old in the United Kingdom and otherwise in full compliance with the law. In accordance with the Licensing Act 2003 and Licensing (Scotland) Act 2005 it is an offence for any person under the age of 18 to purchase or attempt to purchase alcohol. Similarly, any person over the age of 18 purchasing alcohol on behalf of any person under the age of 18 also commits an offence.
6.2 By placing an order on the Site and completing the order process which forms part of the contract of sale you thereby confirm that you are over 18, that someone over the age of 18 will be available to accept delivery at the delivery address provided for your order and that delivery will not be accepted by any person under 18 at that address. You further warrant and confirm that where you are placing an order on the Site as a gift to be delivered to any other person as a giftee, that the giftee is over the age of 18. We do not accept any liability whatsoever for delivery to or acceptance by any person under 18.
7. Alcohol Licencing
7.1 Once an order as been placed, we work with licenced facilities to distribute our alcohol-based products.
7.2 All orders for alcohol-based products will be taken within the terms of the premises licence of the licenced facility from which that product is distributed.
8.1 Our prices are quoted on our website.
8.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
8.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
8.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
8.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
9.1 You must, during the checkout process, pay the prices of the products you order.
9.2 Payments may be made by any of the permitted methods specified on our website from time to time.
9.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
9.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 20.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.4.
10. Credit accounts
10.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 10.
10.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.
10.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
10.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,without prejudice to our other legal rights or rights under these terms and conditions.
11.1 Our policies and procedures relating to the delivery of products are set out in this Section 11.
11.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
11.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation; however, we do not guarantee delivery by this date.
11.4 We will only deliver products to addresses on the UK mainland.
12.1 You may cancel your order for any reason whatsoever at any time up to the date the producer ships the products. This applies for all orders except for subscriptions which have their own cancellation policy in section 4.2.
12.2 In order to cancel your order you must contact our customer services department immediately on firstname.lastname@example.org. You may also write to us (time allowing) at IntelligentX, Techstars, 41 Luke Street, London, EC2A 4DP.
12.3 Where cancellation notice is received before dispatch, we shall reimburse the price of the products within 30 days from the date you notify us of the cancellation.
12.4 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
12.5 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
12.6 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13.1 Shipping perishable and fragile items includes some inherent risk or breakage in transit, so please be patient if you are unlucky and our courier is unsuccessful in shipping your box safely. If some or all of the cans in a case are broken or spoiled when they are delivered you should notify us as soon as possible to allow us to assist in the most appropriate way. Accepting damaged parcels is recommended, in order for us to accurately determine with you the amount of damage and speed up any replacement deliveries.
13.2 You must notify us of all products which are at fault and due to be returned for any of the reasons stated in this clause within 5 working days from delivery of the products. You must contact our customer services department immediately on email@example.com. Returns only for reasons as follows will be accepted: items broken on delivery, spoiled or out of date goods, misdescribed goods.
13.3 Before accepting a full return for the reasons listed above, we will try to rectify the problem with your order by issuing replacement items or alternative constituent parts. Or we may enact a partial refund for the specific items or parts which are at fault. In the situation of spoiled goods, we will need to arrange the return of the goods to the producer in order for them to confirm the problem and we will need them to verify that the goods are spoiled before we're able to issue the full refund to the customer.
13.4 Where a full return of an order is accepted due to the prescribed reasons in 13.2 you will be entitled to a full refund of the items and the original postage. Where we make arrangements to collect the goods, you must make them available to our courier in order to complete the return so we can then issue the refund.
13.5 Refunds will be made to the card used for purchase within 30 days of the returned items reaching the return location or partial refund being agreed.
13.6 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen's Advice Bureau.
13.7 Customers must note that while we ask all our producers to use our specially designed courier safe package to minimise breakages, items may be subject to some distress in transit. As such, we cannot guarantee the condition of cans on arrival sufficiently that they will be pristine enough to satisfy a collector's needs. Some scratches on labels and minor denting on cans is to be expected and we will not be able to accept refunds for purely cosmetic reasons unless labels are unreadable and therefore the contents and product details are unclear.
14.Risk and ownership
14.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
14.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
14.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
14.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
15.Warranties and representations
15.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
15.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
15.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 15.1, all other warranties and representations are expressly excluded.
16.Limitations and exclusions of liability
16.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
16.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
17.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
17.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
18.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
18.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20. No waivers
20.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
20.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22. Third party rights
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
23. Entire agreement
23.1 Subject to Section 16.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
24. Law and jurisdiction
24.1 These terms and conditions shall be governed by and construed in accordance with English law.
24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Statutory and regulatory disclosures
25.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
25.2 These terms and conditions are available in the English language only.
25.3 Our VAT number is GB303524934.
25.4 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
26. Our details
26.1 This website is owned and operated by IntelligentX Products Limited.
26.2 We are registered in England and Wales under registration number 11519514, and our registered office is at Techstars, 41 Luke Street, London, EC2A 4DP.
26.3 Our principal place of business is at Techstars, 41 Luke Street, London, EC2A 4DP.26.4 You can contact us:
(a) by post, to the postal address given above; or
(b) by email, using firstname.lastname@example.org.