Terms & Conditions

Terms and Conditions – October 2023

These terms

What these terms cover. These are the terms and conditions on which we supply Products to you, whether these are Goods, Services or otherwise. These terms apply only if you are a consumer. They do not apply if you are acting as a trade customer (in other words, if you are a business which is purchasing Goods or Services from us, regardless of whether you are registered as a trade customer.
Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Definitions

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
“Booking Deposit” means the amount stated on the Event Booking Form.
“Event” means the time and date agreed between the Parties for the provision of the Services.
“Goods” includes the alcoholic beverages, equipment or accessories set out in the Order.
“Order” means the offer made by you to purchase the Products.
“Products” means both Goods and Services.
“Services” includes but is not limited to the Cotswold Cocktail School Experience as set out in the Order.
“Total Cost” means that total amount payable for the Goods and/or Service.

How to contact us.

Who we are. You can find everything you need to know about us, Cotswold Cocktail School and our services on our website before you order. We also confirm the key information to you in writing before you order, by email.
How to contact us. Please email cocktails@cotswoldcocktailschool.com or telephone our customer service line on 01285 239773.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

Our contract with you.

Our contract is made up of the following:

Cotswold Cocktail School invoice.
These terms and conditions.

If there is any conflict or ambiguity between the terms of the documents listed in paragraph 3.1. A term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
A quotation for Products given by us shall not constitute an offer. A quotation shall only be valid for a period of 14 calendar days from its date of issue and only for the date and location stated.
We only accept orders when we've checked them. An Order constitutes an offer by you to purchase the Products from us in accordance with these terms and conditions. Our acceptance of your Order will take place when we email you to confirm supply to you, at which point a contract will come into existence between you and us.
Products that are Services. A Booking Deposit is required to secure the time and date of the Event. This is a refundable deposit subject to the applicable terms and conditions set out below. We will outline the requirements of a minimum spend and any additional fees (if applicable) at the time of quotation. The Total Cost is payable 14 calendar days prior to the Event. If your Order is placed within 14 calendar days of the Event then full payment is required.
Products available for “pre-order”. If you order Goods which are highlighted as being available for “pre-order” or any similar expression, we will seek to dispatch those Goods to you on or before the expected date of dispatch which is listed on our website. We will take payment for the Goods as soon as you place an Order, but we will not pay you any interest in respect of the period between the date on which you place an Order and the date of delivery.
Sometimes we may need to reject your Order. If we are unable to accept your Order, we will inform you of this and will not charge you. If we have taken advance payment, we will refund the full amount to you promptly. This might be because the Product is out of stock, no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we are unable to meet a delivery deadline or event date you have specified or we consider that you are ineligible for an offer of which you have sought to take advantage.
Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
Loss or damage to our property. You will be held liable for any loss or damage caused by you, your guests and/or any third-party suppliers, to any of our equipment or stock supplied to you as part of the Service and this will be invoiced to you immediately following the Event. This may result in the loss of your Booking Deposit and additional charges being applied.
We only sell and ship to mainland UK. Our website is solely for the promotion and sale of our Products in the UK. Unfortunately, we do not accept Orders from or deliver to addresses outside mainland UK.
Age restrictions. You may only purchase a Product from us if you are:

at least 18 years old;
not buying that Product for any person or persons under the age of 18; and
of legal age to purchase alcohol both in the country where you place the Order and the destination country.

Our Products

Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the appearance accurately, we cannot guarantee that a device's display of the colours accurately reflects the appearance of the Products. Your Product may vary slightly from those images.
Product packaging may vary. The packaging of the Product may vary from that shown in 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 because the specifications of a Product may change from time to time. If you want to receive Product-specific outer packaging together with any Product which you Order, please contact us before you place your Order so that we can check whether that Product is available with Product-specific outer packaging.
Tasting notes are subjective. The tasting notes on our website are written by our own tasting team, however cocktail tasting is entirely subjective and different people will have a different experience of the same Product. The tasting notes do not form part of the description of any Product.
Measurements may vary. 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 across Products and from one size, weight, capacity, dimension or measurement to the next.

Your rights to make changes

If you wish to make a change to your Order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

Minor changes to the Products. We may change the Product:

to reflect changes in relevant laws and regulatory requirements (which may include changes to labelling or packaging); and
to implement minor technical adjustments and improvements.

More significant changes to the Products and these terms. We may make changes to the Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
We may amend these terms from time to time. Every time you Order a Product from us, the terms in force at the time of your Order will apply to the contract between you and us. We may revise these terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements or changes in the way that we do business.

Providing the Products

Delivery and costs. The costs of delivery will be as displayed to you on our website or in our quotation. For delivery of Goods, we will use Royal Mail Tracked 48 Service (excludes weekends & bank holidays). We also offer a guaranteed by 1pm next day delivery Service (excludes weekends & bank holidays), which can be selected on checkout.
When we will provide the Products. We aim to dispatch Goods within 48 hours of receipt of payment, however this is not always possible. If delays are expected we will email you with the details. Orders placed outside of office hours and weekends will not be processed until the next working business day. In any event we will deliver the Goods to you within 30 calendar days after the day on which we accept your Order or we will contact you to agree a delivery date outside of that period.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this we will not be liable for delays caused by the event, but if the delay is likely to be substantial you may contact us to end the contract and receive a refund for any Products you have paid for but not received (less reasonable costs we have already incurred).
Collection of Goods by you. If you have asked to collect Goods from our premises, you can collect them from us at any time during our working hours on weekdays (excluding public holidays).
If you are not at home when Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
If you do not re-arrange delivery of Goods. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
When you become responsible for the Goods. A Product which is Goods will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us.
When you own Goods. You own a Product which is Goods once we have received payment in full including all applicable delivery charges, taxes, duties or other charges which are payable to us.
We charge you if you don't give us information we need or do preparatory work as agreed with us. You are responsible for ensuring that Orders and any applicable specification are complete and accurate. We may need certain information from you so that we can supply the Products to you, for example, correct address information. If so, this will have been stated during the order process on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete, inaccurate or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying them in part or in full if this is caused by you not giving us the information or providing incorrect information we need within a reasonable time of us asking for it.
We charge you if you don’t give us information we need or do preparatory work as agreed with us. We may charge you additional sums if you don’t give us information we’ve asked for about how we can access your property to provide the Services or if you don’t do preparatory work to prepare for the Services, as agreed with us.
Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:

deal with technical problems or make minor technical changes or improvements;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by you or notified by us to you (see clause 6).

Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
We may suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 12.4) and you still do not make payment within 14 calendar days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 12.5).
We may cancel or suspend supply of the Products if you behave inappropriately. If, at our sole discretion, we experience or have reasonable grounds to believe your behaviour, or that of your guests or third party suppliers, is likely to result in damage to our property and/or mental or physical injury to people, we will tell you that we are cancelling or suspending supply of the Products and will not be liable for any refund of any monies paid in respect of the supply of the Products.

Your rights to end the contract

In certain circumstances, you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the Product, see clause 8.3. There are limited circumstances in which you are eligible for a refund and this may be subject to deductions and you will have to pay the costs of return of any Goods.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:

we have told you about an upcoming change to the Product or these terms which you do not agree to;
we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
we are unable to supply the Product to you or there is a risk that supply of the Products may be significantly delayed because of events outside our control;
we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
you have a legal right to end the contract because of something we have done wrong.

If you change your mind.

For Goods, you have 14 calendar days after the day you (or someone you nominate) receive the Goods to cancel your Order, unless:

Your Goods are split into several deliveries over different days. In this case you have until 14 calendar days after the day you (or someone you nominate) receive the last delivery.
Your Goods are for regular delivery over a set period. In this case you have until 14 calendar days after the day you (or someone you nominate) receive the first delivery of the Goods.

For Services, you have 14 days after the date we confirm your Order to change your mind and the following will apply:

up to 14 calendar days (inclusive) in advance of the Event and we will refund your Booking Deposit in full.
between 13 and 3 calendar days (inclusive) of the Event will result in a charge of 25% of the Total Cost and the Booking Deposit.
Within 48 hours of the Event but this will result in a charge of 100% of the Total Cost and the Booking Deposit.

For Services, you may reschedule your Event, in which case your Booking Deposit may be carried forward; however, if a suitable alternative date and time cannot be agreed or too late notice is provided, then at our sole discretion, the charges listed above will apply.

However, your right to cancel a contract if you change your mind does not apply in respect of:

Goods which are liable to deteriorate or expire rapidly e.g. those with a short expiry time limit, including those to be kept refrigerated; and
Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
any Products which become mixed inseparably with other items after their delivery; and
Services that have been completed (and you must pay for any Services provided up to the time you cancel).

Our Goodwill Guarantee. Cotswold Cocktail School will exercise its sole discretion in respect of offering the opportunity for you to change your mind, depending on the individual circumstances, future availability and the shelf life, storage conditions and likelihood of resale relating to Goods. Please note, these terms reflect the goodwill guarantee offered by Cotswold Cocktail School, which is more generous than your legal rights. This does not affect your legal rights in relation to faulty or misdescribed Products or if there is something wrong with the Service.

How to end the contract with us

Tell us you want to end the contract. To end the contract with us, please let us know by calling Customer Services on 01285 239773 or emailing us at cocktails@cotswoldcocktailschool.com. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01285 239773 or email us at cocktails@cotswoldcocktailschool.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Goods within 14 calendar days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:

if the Goods are faulty or misdescribed;
if you are ending the contract because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances, you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the Products including any delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, for example, if damage has been caused by your or your carrier handling them. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If the Products are Goods and we have not offered to collect them, your refund will be made within 14 calendar days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
In all other cases, your refund will be made within 14 calendar days of your telling us you have changed your mind.

Our rights to end the contract

We may end the contract if you break it. We may end the contract for a Product at any time and claim any compensation due by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 7 calendar days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you an amount as compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Product. We may let you know that we are going to stop providing the Product. We will let you know in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

If there is a problem with the Product

How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our customer services team at 01285 239773 or email us at cocktails@cotswoldcocktailschool.com.
Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01285 239773 or email us at cocktails@cotswoldcocktailschool.com for a return label or to arrange collection.

Price and payment

Where to find the price for the Product. The price of the Product will be the price indicated on the Order pages when you placed your Order or the invoice. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Product you Order. The price for each Product will change from time to time but changes will not affect any Order you have already placed. The price of the Product does not include delivery charges. Our delivery charges will be explained to you during the checkout process before you confirm your Order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
When you must pay and how you must pay. We accept payment using any of the payment methods listed at the payment stage of the checkout process. You must pay for the Products and any delivery charges as explained durng the order process.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and for defective Products under the Consumer Protection Act 1987
We are not liable for losses arising from your own acts or omissions. This includes but is not limited to any liability arising from your deliberate actions or default.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability is limited. Our liability to you for all losses arising under or in connection with the contract, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed 100% of the price for the Products.

How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.