KARTULI – TERMS & CONDITIONS FOR ONLINE SALES TO CONSUMERS
1. Terms & Conditions
1.1 All Goods are sold on these Terms & Conditions to the exclusion of all other terms and conditions.
1.2 If there are any inconsistencies between these Terms & Conditions and any of the provisions of the Order Form, these Terms & Conditions shall take precedence.
1.3 We reserve the right to update these Terms & Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent Order Form you may complete. We recommend that you review these Terms & Conditions before every purchase of Goods that you make.
1.4 You may only order Goods online as a consumer. If you are a business wishing to purchase Goods for commercial re-sale or otherwise, please contact us at firstname.lastname@example.org .
In these Terms & Conditions, the following words have the following meanings:
2.1 Customer/you: the customer identified in the Order Form;
2.2 Goods: the goods identified in the Order Form;
2.3 IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.4 Order Form: the online form containing the details of the Goods;
2.5 Price: the price for the Goods;
2.6 Site: the website operated by the Supplier;
2.7 Supplier/we: Kartuli Ltd, a company registered in England with registered number 12757324 and with a registered office at 65 Lordship Lane, East Dulwich, London, SE22 8EP; and
2.8 Working Days: any day other than a Saturday, Sunday or public holiday in England and Wales.
3.1 All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are not available and we may offer an alternative Good of equal or higher quality and value or provide a refund for sums paid.
3.2 You may only purchase alcohol Goods from us if you are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide documentary evidence of your age.
3.3 The Goods shall be of satisfactory quality and fit for purpose, but you agree that we do not warrant the taste of the Goods because taste is a subjective judgement.
4. Price, Delivery
4.1 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address.
4.2 We must receive payment of the whole of the Price for the Goods that you order, including the delivery cost before your order can be accepted. We accept payment by credit or debit card. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in the Order Form. Our acceptance of your order brings into existence a legally binding contract between us which comprises the Order Form and these Terms & Conditions.
4.3 The Price payable for Goods and the costs of delivery are set out on the Site or as otherwise notified to you. We reserve the right to change the Price and costs of delivery at any time, although such changes shall not apply to any order accepted by us.
4.4 If you have provided us with an email address and/or a mobile phone number, our appointed delivery company will send you a message the evening before the delivery is due, and a further message on the morning of the delivery with details of the estimated 2 hour delivery window. If the delivery is likely to be more than 45 minutes late, our delivery company will send you a further message with a revised delivery window. If you are not available to receive a delivery of the Goods, we shall leave a card notifying you that we attempted to deliver the Goods. You should then re-arrange delivery. We reserve the right to make a further charge for delivery in the event of a re-delivery of the Goods.
4.5 We will use all reasonable endeavours to deliver the Goods in accordance with the delivery timescale you select. If you do not receive the Goods within such timescale, you should notify us accordingly. If we are unable to deliver the Goods within 30 days, we shall contact you to discuss delivery of the Goods and if you wish, we shall cancel your order and refund all sums paid.
5. Right to Cancel
5.1 You may cancel your contract with us for the Goods ordered through the Site by contacting us by email at email@example.com within 14 days from the date you receive the Goods, clearly stating the following: your name, geographical address, your phone number, email address and full details of the order you wish to cancel.
5.2 If you do cancel your contract, you must take reasonable care of the Goods whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Goods to us within 14 days of the notice to cancel, and you must return the Goods at your own cost and risk. We strongly recommend that you send the Goods back to us via a recorded post service and obtain a certificate of posting. We will not refund you if we do not receive the returned Goods. Please also make sure you package the Goods appropriately to avoid damage.
5.3 We will refund any sums paid for the Goods returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Goods.
5.4 If you do not return all of the Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Goods are damaged during the course of returning the Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.
5.5 The provisions of this Condition 5 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Goods that are damaged or defective; or (b) refund to you the amount paid by you for the Goods in question. You must return the Goods to us or make the Goods available for collection in accordance with our reasonable request as soon as possible after informing us that the Goods are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Goods.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Goods you have ordered; (b) we do not deliver Goods to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Goods you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order Form. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Use of the Site
7.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
7.2 Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
7.3 The Site is made for your own use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
7.4 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. We have used reasonable endeavours to prepare the content of the Site, however, any representations, warranties or conditions of any kind in relation to the Site and its content are hereby expressly excluded to the maximum extent permitted by law.
7.5 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
7.6 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Goods, Services content or features from the Site for any reason.
8.1 We shall have no additional liability to you for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.2 Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Goods that are the subject of the claim.
8.3 If there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device provided that you have complied with these Terms & Conditions.
8.4 Nothing in these Terms & Conditions is intended to limit any rights or remedies that you might have as a consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
9.1 These Terms & Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site and the sale, delivery and return of Goods.
9.2 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.3 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
9.4 If you have any complaint or wish to raise a dispute in relation to the Site please follow this link http://ec.europa.eu/odr
9.6 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
9.7 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: January 2021