TERMS & CONDITIONS
1. general
1.1 In these Conditions:
“BUYER” means the person firm or company whose order for the Goods is accepted by the Company. “GOODS” means the Goods which the Company is to supply in accordance with these conditions. “COMPANY” means Emporia Brands Ltd.“CONDITIONS” means the standard terms and conditions of sale set out in this document to which all contracts shall be subject and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Company. “CONTRACT” means the contract for the purchase and the sales of the goods “WRITING” includes facsimile transmission, e-mail and comparable means of communication.
1.2 Acceptance by the Company of any order entails the acceptance by the Buyer of these terms and conditions which shall govern any contract between the Company and the Buyer.
1.3 These terms and conditions shall prevail over any terms put forward by the Buyer
1.4 These terms and conditions do not constitute an offer of sale.
1.5 The Company reserves the right to alter its terms and conditions of sale without prior notice.
2. Prices and Availability
2.1 Prices quoted are subject to alteration by the Company without prior notice, in the event of increase in cost of suppliers or overheads, or, variation in exchange rates.
2.2 All Prices are quoted exclusive of Value Added Tax which will be levied at the rate prevailing at the date of issue of the invoice.
2.3 Excise Duty, where applicable, will be charged at the rates prevailing at the date of issue of the invoice.
2.4 The fulfilment of orders will be subject to availability, and the Company shall not be liable for breach in respect of failure to deliver the full contract quantity.
2.5 The Company may decline to accept an order in the event that acceptance would exceed the Buyer’s agreed credit limit where applicable.
3. Delivery, Examination and Claim
3.1 The Company shall not be held in any way responsible for any loss or damage arising from the non-delivery, in whole or in part, or delay in the delivery of the goods.
3.2 Any dates or times quoted for delivery are approximate and are subject to change or alteration without prior notice.
3.3 Notwithstanding the Company’s retention of title to the goods, the risk in the goods shall pass to the Buyer when the goods are delivered to the delivery address.
3.4 The goods must be examined by the Buyer, or his representative, at the time of delivery and the delivery documentation signed to acknowledge receipt. The Company accepts no liability whatsoever for any loss through short delivery or damage to goods in transit, unless the Buyer endorses the delivery documentation with details of shortage or damage immediately upon receipt.
3.5 The goods are ready for consumption and have been stored by the Company in conditions recommended by the producer. The Company will only accept liability, for any defect if the goods have been stored after delivery in similar conditions. The Company reserves the right to inspect the Buyers storage condition in the event of any claim for alleged defects.
3.6 In the event of any claim being made, the Buyer must retain the goods and any packaging material for inspection. Any alleged defect must be notified in writing to the company immediately upon its discovery. Failing such notification or the availability for inspection of the goods and/or packaging the Buyer will not be able to reject the goods whether because of any alleged defect or otherwise.
4. Force Majeure
4.1 Force majeure shall include all events beyond the Company’s control including industrial action whether official or unofficial.
4.2 The Company shall be under no obligation to notify the Buyer of the occurrence of the force majeure circumstances.
4.3 If performance of the Company’s obligations is delayed or hindered by circumstances amounting to force majeure, the Company’s duty to perform its obligations shall be suspended for as long as those circumstances continue and the time for performance shall be extended accordingly.
4.4 If performance of the Company’s obligations becomes uneconomic or impossible due to circumstances amounting to force majeure, the contract between the Company and the Buyer shall be discharged.
5. Presentation and Packing
5.1 All packaged goods purchased from the Company for resale, trade, or promotional use must be resold or used by the Buyer only in the conditions as sold or prescribed by the Company and, in particular, all bottles, container, labels, capsules, corks and other dressing must remain intact and not be tampered with, added to, altered or obliterated in any way.
5.2 All goods purchased for consumption in licensed premises shall be sold from or in the container and in the condition as sold or prescribed by the Company.
6. Onward Sales
6.1 The Buyer of the goods shall not export them, directly or indirectly, from the European Union without the Company’s prior written consent.
6.2 The Buyer will not at any time resell the goods in ships or aircraft stores, in any duty free shop or other duty free retail establishment, wheresoever situated without the Company’s prior written consent.
6.3 If conditions 6.1 or 6.2 are breached, the Company reserves the right to suspend deliveries and to sue for redress or injury and damages suffered by 1.1 the Company, its agents, associates and/or subsidiaries, without prejudice to any other rights or remedies available to the Company, its agents, associates and/or subsidiaries
1.2 The Buyer will incorporate conditions 5 and 6 in all subsequent sales except in the case of retail sales to persons not buying for re-sale, and will require any person buying the goods for subsequent sale to incorporate conditions 5 and 6 or a similar clause, in all its subsequent sales.
1.3 The Buyer will not assign the benefit of any contract, or any rights of such contract, in whole or in part. Any purported assignment without the Company’s prior written consent will be void.
2. Sale of Return
2.1 Goods are not supplied on a sale or return basis, unless otherwise agreed in writing by the Company, and therefore cannot be returned once delivery has been accepted.
3. Payment
3.1 Payment for goods supplied shall become due and payable in accordance with the credit terms expressly agreed by the company in writing. If the Buyer does not have an approved credit accounts with the Company, then payment in full shall be made prior to delivery.
3.2 If the payment of the price of the goods, or any part thereof, is not made on or before the due date, the Company shall be entitled to charge interest thereafter on the outstanding amount, at the rate of four per cent per annum above the Barclays Bank plc base lending rate in force from time to time. Such interest being deemed to accrue from day to day until date of full settlement.
3.3 If the Buyer fails to pay any one invoice that has become due, then all other unpaid amounts shall become due immediately. In this event the Company reserves the right to withdraw from any further delivery obligations without further notice and be entitled to claim compensation for any and all damages suffered.
4. Retention of Title
4.1 Property and title in the goods shall remain with the Company and shall not pass to the Buyer until such time as the company has received payment in full of all monies owed. Furthermore the goods are to be stored separately or to be kept in such a way that they can be readily identified as being the Property of the Company.
4.2 The Buyer shall not pledge, charge, or otherwise encumber the goods until full payment of the price of the goods has been received by the Company.
4.3 If the Buyer sells all or part of the goods before the payment of the full purchase price has been received by the Company, such sales shall be made by the Buyer as agent of the Company and the proceeds of such sale shall be held on the Company’s behalf in such a manner as to make them readily identifiable as the Company’s property.
4.4 The bankruptcy, insolvency, or liquidation of the Buyer or any voluntary arrangement made with its creditors, shall not affect the title of the goods,
4.5 The buyer agrees that prior to the payment, whether due or not, of the goods sold, the Company, its servants, representatives or agents shall be entitled in addition to all other rights to enter any premises where the goods may be and recover possession of them.
5. Data Protection
5.1 The Company will obtain suitable references which will be kept on file, and used to establish the Buyers credit worthiness. Furthermore, the Company reserves the right to make enquires in respect of the Directors and/or principles of the Buyer at anytime throughout the trading relationship or until the account is settled in full.
5.2 The Company will provide, upon written request, trade references to third parties and any fees charged will be at the discretion of the Company.
5.3 Information held by the Company will only be used for purposes registered under Data Protection Act. The Buyer and/or his representatives may request, in writing, copies of any such information held by the Company and any fees charged will be at the discretion of the Company.
6. Applicable Law and Validity
6.1 The Contract of sale shall in all respects be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
6.2 Any provision hereof which is void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision hereof.
6.3 Any waiver by the Company of its rights under any clause of its conditions of trade shall not affect eh validity thereof.
6.4 The terms of the Contract may not be varied except by agreement in writing by the Company
LIBRA CALVADOS COMPETITION 2022
Win a trip to Calvados to visit the Père Magloire Distillery with Libra Drinks.
Buy any bottle from the Père Magloire Calvados range from Libra Drinks and you’ll be automatically entered into the competition.
One bottle purchase = one entry, as many entries as possible. To comply with no purchase necessary competition laws, UK residents aged 18 and over can enter for free by entering their email address here.
The competition starts at 9am - 1/10/2022 and finishes on the 1/11/2022. The prize draw will be held on the 3/11/2022 by Libra Drinks and verified by Emporia Brands.
Dates of the prize (distillery visit) are to be confirmed shortly depending on availability of the winner and distillery. Prizes are not transferable and cannot be exchanged for a cash equivalent.
The winner must prove they above the legal drinking age in the UK (18 and over) and Libra Drinks holds the right to refuse anyone who cannot verify their age.
The winner will be contacted as soon as possible, once the entries have been counted and verified.
For any clarification or further information please contact info@emporiabrands.com.
By entering the competition, entrants confirm they have read, understood and agree that these terms and Emporia’s Privacy Policy (and the way we process personal data) are binding to them. Emporia Brands reserves the right to amend these terms; to hold void, suspend, cancel or amend this competition at any time.
Insofar as is permitted by law, the promoter, its agents, employees, and/or representatives shall in no circumstances be responsible or liable to compensate any entrant who participates in the competition an/or the winner and their guest(s) who claim(s) the prize for any loss, damage, personal injury or death whatsoever and howsoever caused. Competition entrants’ statutory rights are not affected.
SOCIAL MEDIA COMPETITIONS
About ‘Win a Bottle’ UK social media competitions
Win a bottle monthly social media competitions are open to entrants aged 18 and over who reside in England and Wales (not Scotland due to alcohol laws). The brand running the social media competition will do so off their UK social media accounts and clearly state the competition entry requirements - entries may vary from ‘following the brand page’, ‘signing up through their website’ or other similar actions.
Prizes are not transferable and cannot be exchanged for a cash equivalent.
The promoter of the ‘Win a bottle’ monthly competitions will be the UK distributor of the brand - Emporia Brands Ltd.
By entering the competition, entrants confirm they have read, understood and agree that these terms and Emporia’s Privacy Policy (and the way we process personal data) are binding to them. Emporia Brands reserves the right to amend these terms; to hold void, suspend, cancel or amend this competition at any time.
This competition is only open to individuals who are residents in England and Wales and are aged 18 years or older. Ineligible entries will be discarded. Emporia Brands reserves the right to verify the validity of entries and entrants, including an entrants identity, age and place of residence, at any time and reserve the right to disqualify any individual or any entry, it believes has breached any of these terms, tampered with the entry process or engaged in any unlawful or improper conduct which may undermine the fair and proper conduct of this competition.
‘Win a bottle’ UK social media competitions start on the 1st of every month and finish on the last day of each month.
To enter, no purchase necessary. Entry requirements will be stated on the brand’s competition post as discussed in point 1. Competitions entry requirement actions will vary each month. Check the participating brands social media competition post for entry details. Entries must be able to prove they are 18 years or older, verification will be undertaken by Emporia Brands, they have the right to refuse the competition prize if they believe there is criminal activity or false identification. This is to avoid unlawful entries and unfair competition results.
The prize will be clearly stated in the competition post, normally 1 bottle of alcohol from the brands range (usually 50cl or 70cl). The winner will be selected at random on the last day of each month. The winner will be notified by email as soon as practicable. If the winner does not claim their prize within 10 days of Emporia Brands contacting them, Emporia Brands reserves the right to offer the prize to another eligible entrant. Emporia Brands cannot accept any responsibility if the winner is unable to take up the prize or fails to claim the prize within the time limit as set out above.
Insofar as is permitted by law, the promoter, its agents, employees, and/or representatives shall in no circumstances be responsible or liable to compensate any entrant who participates in the competition an/or the winner and their guest(s) who claim(s) the prize for any loss, damage, personal injury or death whatsoever and howsoever caused. Competition entrants’ statutory rights are not affected.