DISCLAIMER

The Plush Drinks Company Limited takes no responsibility for the effect our drinks may have on people or the results of their actions as a consequence.  It is the consumer’s responsibility to make an informed decision regarding their alcohol consumption and the potential consequences of excess consumption on themselves and others.
The Plush Drinks Company Limited is a supporter of the Drinkaware campaign and conforms to industry guidelines. We encourage consumers to visit www.drinkaware.co.uk for information on the health risks and benefits of drinking. Drinkaware’s Guidelines suggest no more than 14 units of alcohol for a man or woman per week – a Plush Shot is the equivalent of one unit of alcohol.

If medication is being taken by the consumer they must consult the guidance notes that came with their medication or consult their doctor before consuming Plushshots™.
Purchasers of Plushshots™ are reminded that Plushshots™ are intended for consumption only by responsible adults over the age of 18.  Selling alcohol to under-age person is illegal and purchasers of Plushshots™ undertake not to pass these on to anyone aged under 18 years of age or to someone who may give or sell them to anyone aged under 18.

The Plush Drinks Company Limited has at no point in its marketing intended to promote the misuse of alcohol, alcoholism, hazing, binge drinking or any other form of alcohol abuse.

The Plush Drinks Company Limited reminds consumers never to drink and drive.
These Terms provides you with information about Plush Drinks Ltd and the legal terms and conditions on which we sell the products listed on our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order products from our site.

DEFINITIONS

We or We/us – Plush Drinks Ltd, a company registered in England and Wales under company number 3714849, registered office Badgemore House, Gravel Hill, Henley on Thames, Oxfordshire, RG9 4NR.

Plush Spirits – High quality alcoholic spirits in various flavours sourced and tested by Plush Drinks Ltd
Plushshots™– the sachet-like packet that contains Plush Spirits
Easitear™ – the patented pod tearing system designed to minimise spillage and to facilitate easy access to the contents of the Shot.
Products – a consignment of Plushshots™

1 DATA PROTECTION AND PRIVACY

1.1     We will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy (www.plushdrinks.co.uk) as it includes important terms which apply to you.

2              CONTACTING PLUSH DRINKS

2.1     If you wish to contact us for any reason, including the need to raise a complaint, you can contact us by e-mailing info@plushdrinks.com, or in writing to us at our Sales and Customer Service Centre, 9 Badgemore House, Gravel Hill, Henley-On-Thames, RG9 4NR

3              HOW THE CONTRACT IS FORMED BETWEEN US

3.1     Our web site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

3.2     After you place an order and make payment in full, you will receive an e-mail from us acknowledging that we have received your order and payment. We reserve the right to cancel any order where we have cause to believe that delivery may be made to a person under the age of 18.

3.3     If we are unable to supply you with products, for example because it is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the products we will refund you the full amount including any delivery costs charged as soon as possible.

4              OUR RIGHT TO VARY THESE TERMS

4.1     We amend these Terms from time to time to conform with legislation and other reasons outside our control. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

4.2     Every time you order products from us, the Terms in force at the time of your order will apply to the contract between us.

4.3     If we have to revise these Terms we will post notice of the change on the Plush Drinks Ltd website.

5              PRIVATE CUSTOMER RIGHTS OF RETURN AND REFUND

5.1     If you wish to cancel an order, you must let us know before 4.00pm on the day the order was placed. This should be done by completing the form on our website and selecting the enquiry type ‘Cancellation’. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at cancel@plushdrinks.com or contact our Customer Services team.

5.2          Once you have received your order you may, within 14 days of receiving the order, cancel your order and receive a refund of the purchase price and delivery costs providing:

• You notify us your wish to return the products within 14 days of the date of delivery
• The products have not been opened, except where the reason for return is the quality of the spirit, in which case a maximum of 2 opened Plushshots™ would be accepted
• The reason for return is that the products or service have in a physical and tangible manner failed to meet a reasonable expectation of quality eg, the spirit pod has been damaged, the products are not as ordered, delivery was made outside of the expected timescale.
• If the reason for return is the quality of the spirits the remaining unopened pods must be returned to us without undue delay and in any event not later than 14 days after the day on which we received notice of cancellation.

5.3      We will assess the reason for return and if necessary discuss our findings with the customer. The outcome will be provided to the customer within working 10 working days and any refunds due will be made within 2 working days of the outcome being agreed.

5.4      Please note we are permitted by law to reduce any refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

5.5     We will refund you on the credit card, debit card or paypal account used to pay for the products. If vouchers were used to pay for the products the refund may also be in vouchers.

5.6     If products have been delivered and you decide to cancel the order then the products must be returned to Plush Drinks without undue delay and in any event not later than 14 days after the day on which we received notice of cancellation.

5.7     Unless the products are faulty or not as described the customer will be responsible for the cost of returning the products and we will not refund the cost of the initial delivery charge you may have paid with your order.

5.8     We are under a legal duty to supply products that are in conformity with your order as placed and you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

6              BUSINESS CUSTOMER RIGHTS OF RETURN AND REFUND

6.1     Business customers wishing to cancel an order must let us know as soon as possible by completing the form on our website and selecting the enquiry type ‘Cancellation’. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at cancel@plushdrinks.com or contact our Customer Services team. 

6.2     Business customers may cancel orders without penalty for products they have yet to receive.

7              DELIVERY

7.1     You may only purchase products from our site if you are at least 18 years old.

7.2     If you are buying any products as a gift the recipient must also be over 18 years old.

7.3     If our carriers are in any doubt about the age of the recipient on delivery, they will request an appropriate form of identity (ID). If the person receiving the products is unable to produce appropriate ID, unfortunately our carrier will be unable to leave the products with them.

7.4     Estimated delivery times are published on the website during the order process.  If  we agree to provide by email or telephone a specific delivery time or date and you are then not available to accept the products at the agreed time and date we will not be liable for any re-delivery charges.

7.5     We or our authorised carrier may send you an email or SMS notification to advise you of an estimated delivery time prior to delivery.

7.6     We or our authorised carrier will not be held liable for any loss or damage suffered if the customer gives instructions for us to leave your products outside or at any other address provided.

7.7     If no one is available at the address to take delivery, our authorised carrier will leave a note advising where to collect the products.

7.8     Delivery of an Order shall be completed when we or our authorised carrier deliver the products to the address provided when ordering or when the customer collects the products from our authorised carrier. From this time the products becomes the customer’s responsibility.

7.9     The customer owns the products once we have received payment in full, including all applicable delivery charges.

7.10   In the event of cancellation of an order for late delivery the customer must will return the products to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid.

8              PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1     The prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.

8.2     Prices for our products may change from time to time, but changes will not affect any order you have already placed.

8.3     The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

8.4     The price of our products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our website www.plushdrinks.com Returns & Delivery-information.

8.5     We reserve the right to terminate any special offer or promotion at any time, without notice. All give-away, value-added and promotional items are only available whilst stocks last and carry a value of £0.00.

9              PAYMENT

9.1     Private customers can pay for Plush products using the electronic payment methods set out on the check-out page of our website including but not limited to PayPal, Debit Cards or Credit Cards.

9.2     Payments by an electronic method for products are charged when you complete the check-out process and are directed to the order success page on our site.

10           OUR LIABILITY – BUSINESS CUSTOMERS

10.1   Business customers will pay according to the methods set-up in your contract with Plush Drinks Ltd

10.2   We only supply the products for internal use by your business and not for resale

10.3   Nothing in these Terms limits or excludes our liability for:

(a)      death or personal injury caused by our negligence;

(b)      fraud or fraudulent misrepresentation;

(c)      breach of the terms implied by Clause 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)      defective Products under the Consumer Protection Act 1987.

10.4   Subject to clause 10.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:

(a)      any loss of profits, sales, business, or revenue;

(b)      loss or corruption of data, information or software;

(c)      loss of business opportunity;

(d)      loss of anticipated savings;

(e)      loss of goodwill; or

(f)       any indirect or consequential loss.

10.5   Subject to clause 10.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products(s).

10.6   Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products.  Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

11           OUR LIABILITY – PRIVATE CUSTOMERS

11.1   If the products we deliver is not what you ordered or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing by email or post of the problem within 14 days of the delivery to you of the products in question. We may ask you for evidence of the damaged or defective products. Please also see Clause5 of these terms.

11.2   If you do not receive the products ordered within 21 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing by email or post within 5 days of the date on which you ordered the products.

11.3   If you notify a problem to us under condition 11.1 & 11.2, our only obligation will be, at your option:

(a)      to make good any shortage or non-delivery;

(b)      to replace or repair any products that are damaged or defective; or

(c)      to refund to you the amount paid by you for the products in question in whatever way we choose.

11.4   Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.

11.5   We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

(a)      loss or damage was not foreseeable to both parties when the contract was formed;

(b)      loss or damage was not caused by any breach on the part of the Plush Drinks Ltd;

(c)      loss or damage relates to business and/or non-consumers.

11.6   Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights. We do not in any way exclude or limit our liability for:

(a)      death or personal injury caused by our negligence;

(b)      fraud or fraudulent misrepresentation;

(c)      any breach of the terms implied by Clause 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)      any breach of the terms implied by Clause 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)      defective products under the Consumer Protection Act 1987.

11.7   The importation of our products may be prohibited by law in the country you want deliver to or may be subject to import duties and taxes and specific products testing and specification requirements. Plush Drinks Ltd makes no representation and accepts no liability in respect of the export or import of the products you purchase.

11.8   We only supply products to private customers for domestic and private use. You agree not to use the products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.9   Customers should also be aware of the inherent risks relating to the products and are reminded that alcohol should be consumed in moderation. We are supporters of the Drinkaware organisation which provide guidance, facts and advice on their website www.drinkaware.co.uk.

12           EVENTS OUTSIDE OUR CONTROL

12.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control as defined below in clause 12.2.

12.2   An event outside our control means any act or event beyond our reasonable control, including without limitation; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3   If an event outside our control takes place that affects the performance of our obligations under a contract:

(a)      we will contact you as soon as reasonably possible to notify you;
and

(b)      our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over.

12.4   You may cancel an order affected by an event outside our control which has continued for more than 30 days. To cancel please contact us as described in Clause 2 of these Terms. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

13           SECURITY

13.1   We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

13.2   It is your responsibility to protect your user name and password information from being disclosed to any third party.

14           COMMUNICATIONS BETWEEN US

14.1   When we refer, in these Terms, to “in writing”, this will include e-mail.

14.2   If you are a consumer you may contact us as described in Clause 2.

14.3   If you are a business any notice or other communication given by you to us or by us to you, under or in connection with the contract shall be in writing and shall be sent by pre-paid first class post or other next working day delivery service or by e-mail.

15           OTHER IMPORTANT TERMS

15.1   We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by email and by posting on this webpage if this happens.

15.2   This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.3   Each of the paragraphs of these Terms 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.

15.4   If we fail to insist that you perform any of your obligations under these Terms, 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 default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.5   If you are a private customer, please note that these Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

15.6   If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.7   If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

15.8   Images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that computer displays of the colours accurately reflect the colour of the products.

15.9   The Plush brand name, web design, images, copy and the patented Easitear™ system are the copyright and property of the Plush Drinks Company Limited.

Last Amended 12/09/2018 Plushshots™Plushshots™Plushshots™