Terms and Conditions
1.2. References to “we”, “us”, or “our” are references to The Local Gin Company Limited. We are a private limited company registered in England and Wales under company no. 12849720.
1.3. Our registered office is: 22 Wycombe End, Beaconsfield, Buckinghamshire HP9 1NB. Our correspondence address is 7 Union Buildings, Wallingford Road, Uxbridge, Middlesex, UB8 2FR.
1.4. References to Terms and Conditions in this document are to the terms and conditions contained herein, unless otherwise stated.
2. Acceptance of Terms and Conditions
2.1. Your use of the website and purchase of any products from the website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
3. Changes to Terms and Conditions
3.1. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. We will not change these Terms and Conditions in relation to orders which have been placed and acknowledged by The Local Gin Company Limited before the change is made.
3.2. The Terms and Conditions applicable to your access to and use of the website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 7 November 2020.
4. Other applicable terms
5. Use of Website
5.1. You may not otherwise copy, modify, or distribute the contents of this website without the express written permission of The Local Gin Company Limited. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the website.
5.2. We require all users to agree not to use the website and any of our associated social media (including but not limited to www.instagram.com/thelocalgincompany and www.facebook.com/thelocalgincompany), and specifically prohibit any use of the website, for any of the following purposes:
a. posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
b. posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature;
c. engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
d. attempting to interfere in any way with the website’s or The Local Gin Company’s network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system
6. External Links
6.1. From time to time the website or our Social Media presence may also include links to other websites that we do not control. The Local Gin Company Limited have no responsibility for the content, privacy policies or operation of such linked website(s) and/or social media pages, or for anything provided (or not provided) by the third parties controlling such linked websites.
6.2. If you create a link to the website or our social media and we want you to remove it, you agree to do so within 3 working days of us serving a written request on you.
7.1. The website is available to registered users who are 18 years and older and who have not been suspended or removed by The Local Gin Company Limited for any reason.
7.2. When registering for an account you need to provide:
a. your full name;
b. a valid and current email address;
c. a valid and current mobile telephone number;
d. your, or your designated recipients, delivery address;
e. confirmation that you are over the age of 18;
f. confirmation that a person over the age of 18 will be available to receive deliveries containing alcohol;
g. acceptance that if our courier is unable to verify the identify and/or age of the recipient delivery will be refused;
h. confirmation that, if you are not the recipient, that the recipient is over the age of 18; and
i. your payment card details. For age verification purposes the payment type will preferably be by credit card. Where an alternative method of payment is selected, The Local Gin Company Limited will require details of a Credit Card in your name and registered at your address. To verify your age, The Local Gin Company Limited may attempt to undertake a transaction of nominal value (less than 10 pence) against the credit card details provided. If this transaction fails your age cannot be verified and The Local Gin Company Limited will be unable to fulfil any orders you place.
7.3. You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
7.4. We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever. In particular, this will always be the case where The Local Gin Company Limited is unable to verify your or the recipient’s age.
7.5. You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
8. Member generated content
8.1. By submitting or posting any materials or content on the website, you grant The Local Gin Company Limited a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials.
8.2. We can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended.
8.3. If you do not want to grant The Local Gin Company Limited the rights set out in this paragraph, please do not submit your content to us.
8.4. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant The Local Gin Company Limited the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. The Local Gin Company Limited will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
8.5. The Local Gin Company Limited reserves the right to use content that you post to social media that specifically concerns or references The Local Gin Company Limited, its partners and the products it offers. This content may be shared by The Local Gin Company Limited on its own social media properties, with third parties, and on the Site.
9. Sale of Alcohol & Responsible Consumption
9.1. It is a criminal offence for a person under the age of 18 to purchase or attempt to purchase alcohol and that it is also a criminal offence to purchase alcohol on behalf of a person under the age of 18.
9.2. You may only purchase an alcoholic product from us if you are:
a. at least 18 years old;
b. not buying that product for any person or persons under the age of 18; and
c. of legal age to purchase alcohol both in the country where you place the order and the destination country.
9.3. By signing up for a membership and/or placing an order you are confirming that you are at least 18 years old or that you’re buying for someone who is 18 or older.
9.4. Any products and goods sold are intended for the named recipient only who has confirmed by way of their membership and/or placing an order, that they or the person they are purchasing the products/goods are at least 18 years old.
9.5. Customers should also be aware of the following inherent risks and warnings associated with alcohol consumption:
a. Alcohol should be consumed in moderation, and never in conjunction with operating a motor vehicle or machinery.
b. Women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.
c. Alcohol consumption may cause health problems, please drink responsibly and see Drink Aware for more details.
9.6. For further information, advice and support concerning responsible alcohol consumption please visit www.drinkaware.co.uk/.
10.1. By purchasing a The Local Gin Company Limited subscription you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
10.2. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate.
10.3. Your credit/debit card will be subsequently charged on/or around the 22nd of every calendar month.
11. Subscription Cancellations and Revocation
11.1. Subscription cancellations need to be done prior to 5pm GMT on the 17th of the month you wish to cancel.
11.2. To cancel your subscription at any time, you must email us at firstname.lastname@example.org. We will respond to you in a timely manner with confirmation of your cancelation.
11.5. In event that we revoke your subscription membership, you will be reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.
12. Offers and Discounts
12.1. Discounted introductory offers are only available to new users of the website.
12.2. Except where otherwise stated, discounts and credits are available only once to any one person.
12.3. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
12.4. You must be over 18, have internet access and valid payment details to redeem a free or discounted offer.
12.5. You will be charged the full price for boxes after any discounted offer. We will continue to bill you by your chosen payment method until you cancel scheduled boxes.
13.1. We accept all major credit and debit cards via Stripe (a card payment processor), goods will only be dispatched once full payment has been received.
13.2. We take your security seriously and to ensure this all payments are securely taken by Stripe, a payment processor who handle and store payment information, we don’t handle or store any of your card details.
13.3. All prices and payments are in GBP (£ pound sterling) and include VAT.
13.4. If your payment details change and you wish to continue receiving your The Local Gin Company Limited, please provide your updated card details. We will attempt to contact you by email if your payment is declined.
13.5. You agree not to hold us responsible for banking charges incurred due to payments on your account.
14.1. Our delivery partners are instructed to ensure that any items delivered that contain alcohol are delivered to the named recipient who has confirmed they are persons aged 18 or older.
14.2. If our delivery partners are unsure of the age of the occupant or the named recipient is unavailable and the occupant appears under the age of 25, they may refuse delivery or request ID and a signature.
14.3. The only acceptable forms of ID are recognised photographic identification cards, such as a photo card driving licence, passport or proof of age card with the PASS Hologram.
14.4. For the avoidance of doubt, once we deliver the order to the shipping address (as specified in the order) the goods become the recipient’s responsibility.
14.5. It is vital that you supply as much information with your order as possible, including an active email address and a daytime telephone number, just in case there are any problems locating the delivery address. You should include as much information about the location of the property as possible in the other delivery instructions box during the order process.
14.6. Our delivery partners provide online tracking information. In the first instance, if delivery has not taken place 7 days after you received your dispatch notice, you are encouraged to contact our delivery partner directly. After such time, please contact email@example.com and we shall assist in updating you on the status of your delivery.
14.7. If you change address, please log into your Gin Account and update your address details in the members area of the website.
14.8. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
14.9. We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
14.10. Please be aware that whilst we will use best endeavours to ensure timely despatch, time will not be of the essence and we cannot guarantee delivery on or by a specific date and will not be held liable for delays outside of our control.
14.11. If you receive a broken bottle please inform us within 24 hours of receipt by email to firstname.lastname@example.org. Please include a photograph of the damage.
14.12. The Local Gin Company Limited does not issue refunds but will replace your damaged bottle as soon as possible. The Local Gin Company Limited reserves the right to dispute the reception of a damaged or broken bottle and to cancel the subscription or any future orders of any customer for any reason.
15.1. Unwanted goods that have been correctly supplied will only be accepted for return at our discretion. Before returning any items you must contact us at email@example.com so we can authorise this.
15.2. If we do accept your return it is your responsibility to ensure the goods are returned to us in an as sold state i.e. unopened and in a re-saleable condition. We will be unable to refund any carriage costs for unwanted items.
15.3. If you want to return any orders you must do so within 5 days of receipt of the delivery.
15.4. If you wish to cancel your subscription/order then you must do immediately, if your order has not yet been dispatched we will be able to cancel and refund you, however if your order has been dispatched then we reserve the right to not offer a refund unless the items arrived damaged.
15.5. Your statutory rights relating to faulty or misdescribed goods are unaffected by anything in these Terms & Conditions.
16. Indemnification and Limitation of Liability
16.1. You agree to indemnify The Local Gin Company Limited and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the website by you being in violation of these Terms and Conditions.
16.2. The Local Gin Company Limited excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the website; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Website, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and The Local Gin Company Limited at the start of your membership.
16.3. The Local Gin Company Limited will not be liable to you over the entire period of your use of the Website for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Website from time to time and (b) £250, whichever is the higher.
16.4. Some products sold by us may cause staining if spilt, so please take care when unpackaged or opening any of our products.
16.5. All products we sell including liquid ingredients are sold in bottles than have been sterilised and prepared in a food safe, clean environment in accordance to guidance given us by Trading Standards and Environmental Health departments of the local council in which we operate. Once you have accepted the delivery we can’t accept any liability for any use of our products including but not limited to mixing with other ingredients, or personal consumption.
16.6. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
17. Copyright Infringement; Notice and Take Down Procedures
17.1. The Local Gin Company Limited specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
18.1. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
19. Waiver; Remedies; Variations, Entire Agreement
19.1. The failure of The Local Gin Company Limited to partially or fully exercise any rights or the waiver of The Local Gin Company Limited of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Local Gin Company Limited or be deemed a waiver by The Local Gin Company Limited of any subsequent breach by you of the same or any other term of these Terms.
19.2. The rights and remedies of The Local Gin Company Limited under these Terms and any other applicable agreement between you and The Local Gin Company Limited shall be cumulative, and the exercise of any such right or remedy shall not limit The Local Gin Company Limited’s right to exercise any other right or remedy.
19.3. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the website and any order.
20. Governing Law
20.1. The operation of our website and contracts for the purchase of goods, products and subscriptions through our website are governed by English law.
21.2. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.