1.0 The terms constitute a legal document (“the Agreement”) which sets out the rights and obligations of you as purchaser (“you”), and those of Alchemyst Ltd (‘Alchemyst’). (“us or we”), in relation to products/services offered by us through this site. By registering to the Alibi Drink site, you agree to the terms of this Agreement, and re-affirm that agreement every time you use our service. If you do not accept these terms please exit this site immediately.
‘Alchemyst’ may revise these Terms & Conditions at any time, so you should review them periodically to ensure proper compliance, as they are binding on you.
1.2 You agree to:
1.2.1 provide true, accurate current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current and incomplete or Alchemyst Ltd. has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, ‘Alchemyst’ has the right to suspend or terminate your account, cease supply and refuse you any all current or future use of the Alibi Drink site.
1.2.3 Alchemyst Ltd. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the site should assist them in setting up any relevant accounts and supervise their access to the site. Once you have allowed your child access to the site, he/she will be able to access the entire site. Please remember that the site is designed to appeal to a broad audience. Accordingly, as legal guardian, it is your responsibility to determine whether the site is appropriate for your child.
2. Place of performance and applicable law.
Alchemyst Ltd. is a company registered in England. Unless otherwise specified, the material on this site is directed at those who access this site from United Kingdom mainland. ‘Alchemyst’ makes no representation that any product referred to, and the materials on this site, are appropriate for use or available in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. English law shall govern this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Alibi Drink. (“Pre-contract Notice”). The Pre-contract Notice contains important information such as a description, price and delivery charges of the goods ordered. Alchemyst suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Alchemyst will not be obliged to supply the goods submitted in your order until you have received an e-mail from us accepting your order (Order Confirmation). However, in the event the goods are listed on the Alibi Drink site at an incorrect price due to typographical error or error in pricing information received from its suppliers but Alchemyst have accepted your order before the discrepancy is noticed, Alchemyst shall e-mail you to ask whether you are willing to pay the correct price for the goods ordered. If you are unwilling to pay the correct price, Alchemyst reserves the right to cancel the contract immediately without any liability to you.
3.3 If Alchemyst exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit account if it has already made a charge to your card before cancelling your order; or Alchemyst will not charge your debit or credit card until the goods are despatched to you.
3.4 In the event that goods ordered by you are not available, Alchemyst reserves the right to provide you with goods of similar quality and specification and will inform you of such in the Order Confirmation.
4. Right to cancel
4.1 You have the right to cancel either:
4.1.1 within 48 hours from the date of delivery if Alchemyst has supplied goods to you; or
4.1.2 within 12 hours from the date Alchemyst sent you the Order Confirmation.
4.2 The cancellation notice should be sent by e-mail to Alchemyst at firstname.lastname@example.org and must state your name, description of the goods and order number; attaching the order confirmation Alchemyst originally sent you. This will also assist Alchemyst in processing your cancellation as quickly as possible. (The order number is stated in the order confirmation emailed to you on Alchemyst acceptance of your order.)
4.3 If your order has not been despatched, the cancellation process will be completed within 48 hours, refunding your debit/credit card.
4.4 Where Alchemyst have supplied goods to you, you must take reasonable care of goods in your possession pending their return to Alchemyst. Alchemyst will only accept the returned goods in their original packaging and which have been unopened. If otherwise, this will invalidate your right to cancel the contract.
4.5 You must return the goods to Alchemyst by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of Cancellation Notice. You are responsible for the cost of returning the goods to Alchemyst and the risk of damage to the goods in transit. If the goods are damaged in transit Alchemyst reserves the right to refuse a refund, and it will be your responsibility to seek compensation from the carrier.
4.6 Once Alchemyst has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that the return of goods has been accepted by Alchemyst and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
4.7 Alchemyst will not be held responsible for goods seized by customs officials. Customers are advised to check with their local customs office for a list of restrictions governing import goods.
4.8 Local taxes & duties are payable by the customer on receipt of goods. Customers are advised to check with their local customs office for a list of products which carry import duties and taxes.
5.1 Alchemyst has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Alchemyst disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2 Alchemyst shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this site.
5.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Alchemyst. When you activate any of these you will leave the Alibi Drink site, and Alchemyst has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Alchemyst.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer.
6.2 Subject to clause 6.1, you agree that Alchemyst shall not be liable either in contract, tort negligence, statutory duty or otherwise, for any:
6.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement;
6.2.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions failures or delays occurring on or in relation to those parts of the Internet not under Alchemyst direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Alchemyst has been advised of the possibility of such loss or damage).
6.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 6.1 above) the maximum aggregate of liability of Alchemyst in contract, tort, negligence, statutory duty or otherwise (even where Alchemyst has been advised of possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
6.3.1 any defect in product;
6.3.2 any failure by Alchemyst to process signals, data, information, orders or messages correctly or in a timely manner;
6.3.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
6.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period shall be limited, in the case of defects falling within clause 6.3.1, to three times the price of of goods/services. This limit shall also apply in the event that any exclusion or provision contained in this Agreement is held to be invalid for any reason and Alchemyst becomes liable for loss or damage that could otherwise have been limited.
6.4 You agree and acknowledge that you are in a better position than Alchemyst to foresee and evaluate any potential damage or loss that you may suffer in connection with goods and services provided by Alchemyst, and therefore that Alchemyst cannot adequately insure in respect of such liability. You warrant to Alchemyst that you will insure against, or bear yourself, any loss for which Alchemyst has excluded liability.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
Save to the extent that it falls within the provisions of clause 6, you shall indemnify Alchemyst and any third party (including its sub-contractors) from any claim against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to, claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Alibi Drink site or purchase of goods and or services from that site which are brought or threatened against Alchemyst or suffered or incurred by Alchemyst by another person or entity.
Delivery times quoted are estimates only, and Alchemyst shall not be liable for any delays caused except to the extent caused wilfully or negligently by Alchemyst. However, unless we have agreed a longer period for delivery with you, we will either dispatch goods within 24 hours (excluding Saturday and Sunday) of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know, then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods. Delivery costs are weight based. Alchemyst uses Royal Mail to dispatch goods under 2 KG to the UK and Northern Ireland, under 4KG to the Channel Islands and under 2KG for European deliveries. Orders above these weights are dispatched by our courier services. Delivery time for courier services to UK mainland addresses is overnight, 3-5 working days for Europe and 4-10 working days for non-European orders. Delivery times are estimates only. We are reliant on Royal Mail and Courier services to meet the delivery time estimates.
We guarantee that any breakages will be either refunded or replaced. We require photographic evidence of all breakages for a refund to be issued.
If in the unlikely event your delivery has been lost in transit we will attempt to track your order (for all orders over 2KG) and if we are unable to locate your shipment, we will either send a replacement order or refund the total cost of the order. For UK deliveries a refund claim will only be considered 14 working days after confirmation of dispatch and after 21 days for European and International orders.
If in the unlikely event your order is accidentally dispatched as standard delivery instead of expedited delivery, when the expedited service has been paid for by the customer, Alchemyst will refund the customer cost difference between the premier & the standard delivery option. We require photographc evidence of the postage stamp for a refund to be issued. We will only refund or replace damaged goods which make the product unfit for consumption.
9. Complaints Handling Procedure
We welcome all feedback to help us improve our service at Alchemyst. If you have a complaint regarding any aspect of Alchemyst, please contact us immediately. We will endeavour to respond to your comments with five working days, and we would hope to resolve any issues within 30 days.
10. Intellectual Property
10.1 Copyrights All designs, text graphics and their selection and arrangement on this site are copyright to Alibi Drink or its content providers. As a visitor to the Alibi Drink site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Alibi Drink prior written consent is strictly prohibited.
10.2 Trade Names, logos and trademarks belong to Alibi Drink, its affiliates and/or partners
By entering this Website you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned by Alibi Drink and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the Website. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Website for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, re-posting or use of the material on this Website that would damage the reputation of Alibi Drink or its partners, or any model or person, violates Alibi Drink legal rights. Alibi Drink will enforce its intellectual property rights to the full extent of the law. Any unauthorised use of all, part, or any aspect of Alibi Drink or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
11.1 intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
11.2 without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any person to:
11.2.1 disassemble, reverse engineer, decompile, or in any other way interfere with the Software;
11.2.2 copy or modify the Software; or
11.2.3 create any new Software partly or wholly based on the Software.
11.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
11.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
12. Typographical and Pricing Errors In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase an order is cancelled, we shall immediately issue a credit to your credit/debit card account in the amount of the charge.
13. Matters Beyond our Reasonable Control Alchemyst shall not be held responsible for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions or Internet services providers or acts of local or central Government or other competent authorities.
14. Language In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
15. Severability In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.