These Terms and Conditions of Sale ("Terms of Sale") are the terms and conditions on which The Italian Seltzer Company Limited ( referred to below as “TISC”, “we”, “our” or “us”) a company incorporated in England and Wales (registered number 13032688 with its registered address at 17 Holland AVenue Cheam SM26HW, provides products to you.
In addition to the Terms of Use, your purchase of products which we supply to you through the website is subject to these Terms of Sale. Please read the Terms of Sale carefully before ordering any products through the website, as by ordering any of our products (or services) you agree to be bound by the Terms of Sale. You will be asked to tick a box on the final page of the checkout section of the website to confirm that you accept these Terms of Sale, before you may proceed with your order. If you do not accept these Terms of Sale and do not tick this box, you will not be able to order any products from this website.
Delivery times and options may vary depending on the type of product that you order.
Ordering process
To create the contract between you and us are as follows:
‑ You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
‑ If this is your first purchase on the website you may then create an account with us and log in. You may also proceed as a guest, without logging in, or creating an account.
‑ You will then be asked to input your shipping and payment details.
‑ Once you have completed compiling your order you will be asked to confirm that it is correct, and that you agree to these Terms of Sale.
If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order. It is your responsibility to ensure that your order is correct before submitting it to us. If you are purchasing products containing alcohol, you will also be asked to enter your date of birth to confirm that you are aged over 18.
‑ You will be guided through the process of placing an order by a series of simple instructions on this website.
‑ After you have submitted your order to us, we will process the payment details you have given us to take payment for your order
‑ We will email you an order acknowledgement email detailing the products you have ordered. You should check the order acknowledgement email for accuracy and let us know immediately if there are any errors. That email does not constitute acceptance of your submitted order.
‑ Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.
Non‑acceptance of an order may be a result of one of the following:
‑ The product you ordered is not available from stock.
‑ We are unable to obtain authorisation for your payment.
‑ A price or product description error is identified.
‑ You do not meet the eligibility to order criteria set out in the Terms of Sale.
If there are any problems with your order, a representative from TISC will endeavour to contact you.
The contract will be concluded in English.
If you do require any information regarding orders you have placed with TISC , please email info@theitalianseltzercompany.com
Delivery restrictions
We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses if you are repeatedly unavailable to take delivery of your order or in other exceptional circumstances.
Delivery arrangements
All deliveries can only be made within the UK. At the point at which you place your order, the full list of delivery options will be shown.
Our deliveries are made by third party carriers. When your order has been despatched, you will receive an email to confirm that your order is on its way.
All deliveries require a signature by someone over the age of 18; if you are not in, the carrier will attempt delivery to a neighbouring address and if this is not possible, a card will be posted through your letterbox with instructions on how to arrange re‑delivery.
You should keep your delivery note and all packaging and should notify Customer Care immediately if any of the order is missing or damaged. Where the delivery contains alcoholic merchandise, the delivery driver may ask for appropriate proof of age identification bearing a photograph, date of birth and a holographic mark if they consider that the recipient does not appear to be over the age of 18. Where the delivery cannot be signed for by a person over the age of 18 or where the delivery driver is not satisfied that the person has been able to provide acceptable proof of age identification then the delivery will not be made and a card will be left with instructions on how to arrange re‑delivery.
General payment provisions
The card stipulated when placing your order will only be accepted by us. Once payment details have been given we will charge your card.
For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card or our third party validation service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non‑delivery in respect of the products which you have ordered as a result.
By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties (including credit reference and fraud detection agencies) from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the products, validate your payment card and obtain authorisations for your payments for products.
Errors and shortages
TISC may decline to fulfil any order, including bulk purchase of items on promotion, or included in a special offer.
In the event of there being errors or shortages, these should be brought to the attention of TISC no later than three days after the delivery.
Whilst we try to ensure that all prices on the website are accurate, errors may sometimes occur. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price by telephone or email before despatching your order, asking you to confirm you still wish to proceed with your order at the correct price. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our price correction email, we will consider this as a withdrawal of your order and we will delete your payment details from our system.
As stated above, a contract is formed between TISC and you when we despatch the goods you have ordered and not before. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by TISC nor at the point in time that you receive an email from TISC acknowledging receipt of your order.
Product information
TISC has produced product information on this website for the general information of the public. It contains information gathered from various sources and, although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation nor gives any warranty or undertaking express or implied as to the accuracy or completeness of the information.
General pricing policy
Prices include the prevailing VAT rate and exclude delivery cost unless otherwise stated. If a delivery charge applies to your order you will be notified both during the ordering process online and again in the acknowledgement of order email we send to you. Prices, offers and products are subject to availability and may change at any time prior to our despatching your order and taking payment from you.
Contract cancellation under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services. Certain types of items cannot be returned, like perishable goods or sale items.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
Notice of such cancellation must be given by emailing info@theitalianseltzercompany.com
If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. 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. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Alcoholic merchandise
The website sells products containing intoxicating liquor ie a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume. Pursuant to the Licensing Act laws it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor
TISC is committed to upholding both its legal and social obligations as a retailer of intoxicating liquor. To achieve this we have a number of control checks throughout the purchase and physical distribution process (e.g. requesting your date of birth when the order is placed and requirements for age identification on delivery where the recipient appears to be under the age of 18).
In accepting these Terms and Conditions you agree to provide TISC truthful and accurate information and act in accordance with the Licensing Act laws .
Returns
You may return or exchange products, subject to the cancellation rights set out above, within 7 days of the despatch date. Products must be returned in their original packaging. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To return products, please contact TISC as described in the cancellation rights set out above. TISC team will inform you of how the products are to be returned inc. costs involved.
Refunds
On cancellation or return of products to us (as referred to below), we will make a refund to you of the full value of the payment made to us, excluding delivery charges, where applicable. A refund of the original delivery charge will be given (if applicable) in the instance of incorrect, damaged or faulty goods or if your order is cancelled within 7 days from the day after which you have received the goods .
Where you paid for products by payment card, refunds will be made by re‑crediting your payment card account from which the money was originally debited. Where you paid for products using gift vouchers or credit notes, refunds will be made in credit vouchers of equivalent value. Where you part‑paid for products using gift vouchers and the remainder by payment card, the amount charged to your payment card will be re‑credited to your payment card account and the amount paid in credit vouchers refunded of equivalent value.
All refunds will be made within 30 working days either:
‑ (where products have not yet been shipped to you) of our confirmation in writing to you that your order has been cancelled; or
‑ (where products have been shipped to you) of receipt of the returned products by us.
Damaged goods
Please check your delivery as soon as possible after it arrives. In the unlikely event your delivery has arrived damaged please email TISC within 24 hours of delivery.
Liability for products delivered
As a consumer, you have legal rights in relation to goods that are faulty or not as described. Nothing in these Terms of Sale will affect these legal rights.
Please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Except as expressly provided in these Terms of Sale, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
We do not exclude or limit in any way our liability for:
‑ death or personal injury caused by our negligence;
‑ fraud or fraudulent misrepresentation;
‑ any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982;
‑ any liability arising under the Consumer Protection Act 1987; or
‑ any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Except as set out above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
‑ loss of income or revenue;
‑ loss of business;
‑ loss of profits or contracts; or
‑ loss of anticipated savings,
provided that this shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above.
Notices
All notices given by you to us must be given to TISC at either 17 Holland Avenue Cheam SM26HW or email info@theitalianseltzercompany.com We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served (one) working day after an email is sent,. In proving the service of any notice evidence that such email was sent to the specified email address of the addressee to be provided.
Miscellaneous
These Terms of Sale set out the whole agreement between us relating to your purchase of products via the website. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the website or any products made available on the website.
If any provision of these Terms of Sale is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
These Terms of Sale are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms of Sale before we take payment from you and despatch your order to you. In the event that there is a change to the policies and/or Terms of Sale, we will notify you of the change by email before despatching your order, asking you to confirm you still wish to proceed with your order. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within 7 (seven) days of the date of our email which notifies you of the change, we will consider this as a withdrawal of your order and we will delete your payment details from our system.