Terms & Conditions of sale (consumer)
GENERAL
This page sets out the Terms and Conditions of Sale (“T&Cs”) if you are a consumer. They do not apply if you are a trade customer, that is a business purchasing goods from us directly. This site is operated by Lateral Line Ltd (“Lateral Line” or “LLL” or “us” or “we”), a limited company registered in England & Wales under company number 05882583 and our VAT registration is GB882 4861 87. Our trading address (“Trading Address”) is No1 Business Centre, 1-11 Alvin Street, Gloucester, Gloucestershire, GL1 3EJ.
We use the expression Product to refer to any product(s) you purchase from us in any order, whether in single or multiple units or varieties.
These T&Cs apply to every sale by us to you (a “Transaction”) and proceeding with a purchase assumes acceptances of the T&Cs contained herein. References to “you” are made to the person entering to the Transaction with us.
1. Contacting us
1.1 If you wish to contact us for any other reason, including because you have a complaint, please email us on info@lateral-line.co.uk or please phone us on +44 (0)20 3983 6707.
2. the Products and their packaging
2.1 The photos and images are for illustrative purposes only. Although we have made reasonable efforts to display the appearance of each Product accurately, we cannot guarantee that your computer’s display will accurately reflect the appearance of that Product. The Product we deliver to you may vary slightly from the images on our website. Whether a Product will be delivered complete with a box or any other Product-specific outer packaging will depend upon a number of factors. Even a Product which is pictured on our website with Product-specific outer packaging may not be available with that packaging. Please contact us ahead of placing the order if you wish to check whether the product will come with the Product-specific outer packaging.
2.2 The tasting notes have been provided by Destilerías Arehucas. However, tasting is entirely subjective and different people will have a different perspective on the same product. The tasting notes do not form part of the description of any product.
2.3 All sizes, weights, capacities, dimensions and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from Product to Product and from one size, weight, capacity, dimension or measurement to the next.
3. Age Restrictions
3.1 You may only purchase an alcoholic Product in the UK from us if (i) you are above the age of 18; and (ii) not buying the Product for someone under the age of 18. If you are buying the product from outside the UK, please ensure you comply with applicable laws of consumption for the destination country.
4. The Transaction
4.1 A Transaction has taken place when (i) we have taken payment for the Product and (ii) when Lateral Line (not the carrier) send you the confirmation of dispatch via email.
4.2. You own the Product once we have received payment in full.
4.3 An estimated date of delivery will be confirmed in the dispatch confirmation, which will be provided by the relevant carrier. If no one is available at your address to take delivery, our carriers will usually (i) leave the parcel in a safe place; (ii) leave the parcel with your neighbour or (iii) leave you a note to confirm an attempt of delivery and further instructions on how to obtain the parcel.
5. Our right to vary these terms & conditions
5.1 We retain the right to vary these T&Cs from time to time to reflect (i) changes in relevant laws and regulations; and (ii) changes in the way we do business.
6. Return & Refunds
6.1 Should you change your mind, you have the right to cancel any Transaction within 14 days that the product is delivered to you. For example, if you place an order on 1 January 2023 and receive it on 4 January 2023, then the first day you can notify us of a cancellation is 1 January 2023 and the last day which you can notify us of a cancellation is 18 January 2023. The date of delivery will be as determined by the carrier as each dispatch confirmation will have a tracking number for that order placed.
6.2 In order to cancel the Transaction, please email us to info@lateral-line.co.uk providing us with (i) your name and address; (ii) the order number; and (iii) an indication that you wish to cancel the order. We will confirm receipt of the cancellation notification by return of email.
6.3 Your right to cancel the Transaction if you change your mind ceases if the Product is unsealed after you receive it.
6.4 We will refund you the price you paid for the Product and the cost of delivery once you have returned the product to us (at your cost) at the Trading Address in its original condition. We retain the right to reduce the value of refund to £0 for the Product (but not postage) to reflect the reduction in value of the Product if the seal of the Product has been removed or if it is damaged in any way on the return by your chosen carrier.
6.5 If the product is faulty, you have a right to refund within 6 months from the date of delivery without proof and up to 6 years with proof from you. Your right of cancellation starts on the date we send you the dispatch confirmation and the relevant end date after the date of delivery. The date of delivery will be as determined by the carrier as each dispatch confirmation will have a tracking number for that order placed.
6.6 The refund will be made to the same method of payment.
7. Our Liability to You
7.1 If we fail to comply with the T&Cs, or any additional terms that become part of the Transaction under law, like those relating to the quality of the Product or we act negligently, we are responsible for any loss or damage which you may suffer and which is foreseeable result of a breach of these T&Cs.
7.2. We only supply you the Product for domestic or private use. We are not liable for the use of the Product for any commercial, business, or resale purposes and we explicitly exclude any liability from such use of the Product.
8. Other
8.1. These Terms are governed by English law. This means that a Transaction and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
8.2. This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.3. Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8.5 If we fail to insist that you perform any of your obligations under these T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these T&Cs by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach of these T&Cs by you.